1. What are the legal requirements for an employment contract in Ukraine?

According to the Ukrainian Labor Code, an employment contract must include the following essential terms and conditions:

1. Identification of the contracting parties – this includes the name, address, and government-issued ID of both the employer and employee.

2. Job title and description – The contract should clearly state the position or job title of the employee, as well as a brief description of their duties and responsibilities.

3. Location of work – The employment contract should specify where the employee will be working (e.g. office location, remote work arrangement).

4. Employment term – The contract must state the duration of employment (fixed-term or indefinite) and its starting date.

5. Working hours – The working hours per day, week, or month should be specified in the contract.

6. Salary – The basic salary or wage rate should be clearly stated in the contract.

7. Benefits and bonuses – Any benefits or bonuses that are part of the compensation package should be included in the contract (e.g. health insurance, performance-based bonuses).

8. Probationary period (if applicable) – An employment contract may have a probationary period not exceeding three months for new hires.

9. Leave entitlements – Employees are entitled to various types of leave such as annual leave, sick leave, maternity/paternity leave, etc., as specified by law or collective bargaining agreements.

10. Termination procedure – The employment contract must indicate how either party can terminate the agreement in case of dismissal.

11. Confidentiality clause – If applicable, an employment contract may contain a confidentiality clause to protect sensitive company information.

12.Law governing employment relationship – It is mandatory for an employment contract to specify which laws govern the contractual relationship between employers and employees.

Additionally, if there is a collective bargaining agreement that covers certain terms and conditions of work in a particular industry or company, these provisions must also be included in the employment contract.

It is important to note that the employment contract must be in writing and signed by both parties. The employer is required to provide a copy of the signed contract to the employee.

Employers are also obliged to comply with any additional legal requirements for specific industries or types of work, such as safety regulations, training requirements, etc.

Any changes or amendments to the employment contract must be made in writing and agreed upon by both parties.

2. Is it mandatory for an employment contract to be in writing in Ukraine?

Yes, according to the Labor Code of Ukraine, an employment contract must be in writing and signed by both parties. However, it is possible to agree on the terms of employment verbally and then put them in writing within three days of commencing work.

3. Can an employer modify the terms of an employment contract without the employee’s consent in Ukraine?

It is generally not allowed for an employer to modify the terms of an employment contract without the employee’s consent in Ukraine. According to Article 21 of the Labor Code of Ukraine, any changes or additions to an employment contract must be made with the mutual agreement of both parties. The only exception to this rule is when changes are required by law or collective agreements.

If an employer wants to modify the terms of an employment contract and the employee does not agree, they must negotiate and come to a mutually acceptable solution. If no agreement can be reached, the employer must follow the procedures for terminating the original contract and create a new one with revised terms.

However, if the employment contract includes a clause giving the employer the right to make changes unilaterally, then they may do so without the employee’s consent. This clause must be explicitly stated in the contract and should specify what type of changes can be made and under what circumstances.

In any case, it is recommended for employers to consult with legal counsel before attempting to modify an employment contract without an employee’s consent as there may be potential legal consequences.

4. Are there any specific laws or regulations governing part-time contracts in Ukraine?

Yes, the Labor Code of Ukraine includes provisions on part-time work, including the maximum number of hours that can be worked per week for part-time employees. Employers must also comply with minimum wage and social security contribution requirements for part-time workers. Additionally, there may be agreements or regulations specific to certain industries or types of employment that address part-time work.

5. What are the maximum working hours allowed under a standard employment contract in Ukraine?

According to the Ukrainian Labor Code, the maximum working hours allowed under a standard employment contract are 40 hours per week or eight hours per day. However, in certain cases, such as jobs with hazardous or physically demanding conditions, the maximum working hours may be reduced to 36 hours per week. Overtime work is also allowed and should not exceed four hours per day or 120 hours per year.

6. In case of termination, what severance pay is owed to an employee under a fixed-term contract in Ukraine?

Severance pay is not typically owed to employees under fixed-term contracts in Ukraine. However, if the contract does not specify a severance payment in case of termination, the employee may be entitled to receive a compensation equal to two average monthly salaries. This applies to employees who have been working for at least six months under the fixed-term contract and whose contract has been terminated by the employer without a valid reason.

7. Are employees entitled to annual leave and sick leave under their employment contracts in Ukraine?

Yes, employees in Ukraine are entitled to annual leave and sick leave under their employment contracts. According to the Labor Code of Ukraine, employees are entitled to a minimum of 24 calendar days of paid annual leave per year. This increases to 28 calendar days for employees who have worked for their employer for more than 10 years.

With regards to sick leave, employees are entitled to up to 5 working days of fully paid sick leave per year, with additional days being partially paid. The number of partially paid sick leave days depends on the length of service with the current employer.

Employment contracts may also provide for additional benefits such as extended annual leave or enhanced sick leave entitlements. It is important for employees to review their individual employment contracts for any specific terms related to annual and sick leave.

8. Can employers include non-compete clauses in employment contracts and are they enforceable in Ukraine?

Employers in Ukraine are allowed to include non-compete clauses in employment contracts but they must comply with labor legislation and the principles of reasonableness and fairness. Non-compete clauses are enforceable if they meet certain requirements, including:

– The clause must be limited in time and geographical scope. The maximum duration for a non-compete clause is two years.
– The clause must be related to the employee’s job or knowledge gained during employment.
– The compensation offered for the non-compete restriction must be reasonable and sufficient. It is recommended that the amount of compensation be specified in the employment contract.

If these conditions are met, non-compete clauses can be enforced by a court of law. However, if the agreement violates any legal requirements, it may be deemed unenforceable by a court.

9. Is it legal for employers to ask employees to work on public holidays without extra pay under their contracts in Ukraine?

Under Ukrainian law, employees are entitled to additional compensation for working on public holidays. According to the Labor Code of Ukraine, employees must receive at least double their normal wages for work on a public holiday.

Employers cannot ask employees to work on a public holiday without providing adequate compensation as stated in their employment contracts. This includes both full-time and part-time employees.

Employees have the right to refuse to work on a public holiday if they provide advance notice to the employer and have valid reasons such as health issues or family obligations.

It is important for employers and employees to review their employment contracts and the provisions related to public holidays in order to ensure compliance with Ukrainian labor laws. Overall, it is not legal for employers to ask employees to work on public holidays without providing adequate compensation as per their employment contracts and Ukrainian labor laws.

10. What is the minimum wage requirement stated by law for an employment contract in Ukraine?

As of January 1, 2022, the minimum wage in Ukraine is 6,769 hryvnias per month. This amount may be adjusted by the government annually based on economic and social factors.

11. Does a probation period need to be specified in an employment contract in Ukraine, and if so, what is its duration limit?

Yes, a probation period must be specified in an employment contract in Ukraine. The duration limit for a probation period is 3 months for executive positions and 6 months for other positions.

12. Can employers terminate employees without cause under the terms of an indefinite contract in Ukraine?

Yes, employers can terminate employees without cause even if they have an indefinite contract in Ukraine. Under the Ukrainian Labor Code, employers have the right to terminate employment contracts at any time, as long as proper notice and severance pay are provided according to the terms of the contract and applicable legislation. However, if the termination is considered unfair or discriminatory, employees may have grounds for legal action and compensation.

13. Is there a mandatory notice period that employers must give before terminating an employee’s contract in Ukraine?

Yes, employers must give at least two weeks’ notice before terminating an employee’s contract in Ukraine. However, this period may be extended by the terms of the employment contract or collective agreement. In certain cases, such as termination due to redundancy or a reduction in force, a longer notice period may be required.

14. Are there any limitations on trial periods that can be included in employment contracts under the law of Ukraine?

Under Ukrainian law, trial periods can only be included in employment contracts for fixed-term or seasonal work. In these cases, the trial period cannot exceed one month for positions requiring higher education and two weeks for other types of positions.

Additionally, the total duration of a fixed-term contract, including the trial period, cannot exceed three years.

15. How do collective bargaining agreements impact individual employment contracts within a company operating in Ukraine?

Collective bargaining agreements (CBAs) can impact individual employment contracts within a company operating in Ukraine in the following ways:

1. Inclusion of CBA provisions: A CBA can include provisions that must be incorporated into individual employment contracts, such as terms and conditions of work, remuneration, benefits, work schedules, and other matters related to the working relationship. This means that individual contracts must comply with the terms set out in the CBA.

2. Increased bargaining power for employees: Collective bargaining gives employees more leverage to negotiate better terms in their individual employment contracts. If a CBA sets higher standards or protections than those offered by an individual contract, the employee has the right to demand that those standards be applied to their contract.

3. Binding nature of CBAs: In Ukraine, CBAs are binding on all employees who fall within their scope of coverage, regardless of whether they are union members or not. This means that even if an employee does not have an individual contract with the employer or their contract does not mention the terms set out in the CBA, they will still be entitled to those benefits and protections.

4. Framework for dispute resolution: A CBA usually contains procedures for resolving disputes between employers and employees. If a conflict arises between an employer and an employee over the interpretation or application of a provision in their individual contract, they can refer to the procedures outlined in the CBA for resolution.

5. Specific rights for unionized employees: Unionized employees may have additional rights under a CBA that are not available to non-unionized employees. These rights may include grievance mechanisms, collective participation in decision-making processes, protection against dismissal without just cause, among others.

6. Potential changes to individual contracts: When a new CBA is negotiated and signed, its provisions may apply retroactively to existing employment contracts within its scope of coverage or at least from its effective date going forward. This means that individual contracts may need to be amended or updated to reflect the new terms set out in the CBA.

Overall, CBAs have a significant impact on individual employment contracts within a company operating in Ukraine. Employers must ensure that their individual contracts comply with the terms of any applicable CBA and employees are entitled to the benefits and protections outlined in the CBA.

16. Can employers transfer employees from one location to another within the country without amending their existing contracts?

It depends on the terms of the existing employment contract and any applicable laws or regulations. In some cases, the employer may need to amend the contract or obtain the employee’s consent before transferring them to a different location. Employees may also have legal rights related to relocation, such as being entitled to compensation for relocation expenses. It is recommended for both employers and employees to consult with legal professionals in such situations to ensure compliance with relevant laws and contracts.

17.Are there any restrictions on employing foreign nationals under regular or temporary contracts inUkraine?

Yes, there are restrictions on employing foreign nationals in Ukraine. Foreigners must obtain a work permit and a temporary residence permit in order to legally work in the country. The work permit is granted for a specific job and employer, and the temporary residence permit is issued for the duration of the employment contract.

There are also limitations on certain industries that do not allow the employment of foreign nationals, such as agriculture, forestry, fishing, and domestic services.

Employers must also follow quota regulations set by the government, which limit the number of foreign workers that can be employed per company.

Additionally, certain professions require additional qualifications or expertise for foreigners to be eligible for employment. They must also have their diplomas recognized by Ukrainian authorities.

Employment contracts with foreign nationals must comply with Ukrainian labor laws and any collective agreements in place.

18.What discrimination policies should be included and enforced within all employment contracts according toUkraine’s laws?

According to the laws of Ukraine, all employment contracts should include and enforce policies related to discrimination based on:

1. Gender: No employee should be discriminated against because of their gender or gender identity. This includes equal pay for equal work, equal opportunities for career advancement, and protection against sexual harassment.

2. Race or ethnicity: Discrimination based on race, skin color, nationality or ethnicity is not allowed in the workplace.

3. Age: It is illegal to discriminate against an employee based on their age. This includes both younger and older workers.

4. Disability: Discrimination based on physical or mental disabilities is prohibited. Employers must make reasonable accommodations for employees with disabilities.

5. Religion or belief: Employees have the right to practice their religion or belief without facing discrimination at work.

6. Sexual orientation: Employees should not be discriminated against based on their sexual orientation or identity.

7. Marital status: Employees should not be treated differently because of their marital status (single, married, divorced, etc.)

8. Pregnancy/maternity leave: Pregnant employees have the right to maternity leave without facing any negative consequences at work.

9. Inability to speak Ukrainian: Since Ukraine has two official languages (Ukrainian and Russian), it is illegal to discriminate against employees who do not speak Ukrainian fluently.

All employers in Ukraine are required by law to develop non-discriminatory policies and ensure that they are strictly enforced in the workplace. Any instances of discrimination should be promptly addressed and appropriate action taken against the offender.

19.Can an employee be subject to disciplinary action or termination for breaches of their employment contract in Ukraine?

Yes, an employee can be subject to disciplinary action or termination for breaches of their employment contract in Ukraine. However, certain conditions must be met before an employer can legally terminate the contract:

1. The violation must be significant: The misconduct must be serious enough to warrant disciplinary action or termination. Examples of significant violations include theft, fraud, and repeated absences without justification.

2. Notification: Before taking any disciplinary action, the employer must notify the employee in writing of the alleged violation and provide them with an opportunity to respond.

3. Due process: The employee has the right to a fair hearing and to present evidence in their defense.

4. Legal grounds: Termination must be based on one of the legal grounds stated in the Ukrainian Labor Code, such as poor performance or misconduct.

Overall, employers should carefully follow the procedures outlined in labor laws and collective agreements when taking disciplinary actions against employees. Failure to do so could result in a wrongful termination claim.

20. What legal protections are available to employees who report violations of their contracts or labor laws by their employer in Ukraine?

Employees in Ukraine have a number of legal protections available to them if they report violations of their contracts or labor laws by their employer. These protections include:

1. Right to File a Complaint: Employees have the right to file a complaint with the relevant government agency if they believe their contract or labor rights have been violated.

2. Whistleblower Protection: The Law on Prevention and Detection of Corruption provides protection for whistleblowers who report any form of corruption, including violations of labor laws, to the relevant authorities.

3. Retaliation Protection: Employers are prohibited from retaliating against employees who report violations of their contracts or labor laws. This includes firing, demoting, harassing, or discriminating against an employee for speaking out.

4. Legal Action: Employees also have the right to take legal action against their employer if they believe their contract or labor rights have been violated. They can file a lawsuit in court or seek assistance from the State Labor Inspection Service.

5. Confidentiality: Employees who report violations of their contracts or labor laws have the right to confidentiality. Their identity may be protected unless it is necessary for them to testify in court.

6. Trade Unions: Employees who are members of trade unions may also seek assistance and support from their union in reporting and addressing violations by employers.

It is important for employees to know and understand their rights and options when it comes to reporting violations by their employers in Ukraine. It is always recommended to consult with a lawyer or relevant government agencies for further guidance and support in these situations.