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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 9, 2021 No. 1288

About implementation of the pilot project on additional social protection of workers of subjects to big privatization

Cabinet of Ministers of Ukraine decides:

1. Agree with the offer of the Ministry of social policy and Fund of state-owned property concerning realization within two years from the date of entry into force of this resolution of the pilot project on additional social protection of workers of subjects to big privatization (further - the pilot project) by amendment of sales terms of such objects obligations concerning non-state pension provision of workers.

2. Approve the Procedure for carrying out the pilot project on additional social protection of workers of subjects to big privatization which is applied.

3. To fund of state-owned property:

in case of development by the auction commission for sale of subjects to the big privatization formed by state body of privatization, sales terms of subjects to big privatization of state-owned property on which the decision on privatization is made to provide amendment of such conditions with obligations concerning non-state pension provision of workers (the conclusion of pension contracts and payment of pension contributions in their advantage) according to the Procedure approved by this resolution;

since 2022 to submit annually till December 31 to the Cabinet of Ministers of Ukraine the report on results of implementation of the pilot project.

4. To the ministry of social policy together with Fund of state-owned property after completion of implementation of the pilot project to make suggestions for improvement of the legislation in the respective spheres.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 9, 2021 , No. 1288

Procedure for carrying out the pilot project on additional social protection of workers of subjects to big privatization

1. This Procedure determines the mechanism of carrying out the pilot project by additional social protection of workers of subjects to big privatization from among included in the list of subjects to big privatization of state-owned property approved by the order of the Cabinet of Ministers of Ukraine of January 16, 2019 No. 36 (further - the list), by amendment of sales terms obligations concerning non-state pension provision of workers taking into account features of activities of such companies.

2. During preparation for privatization of the subject to big privatization included in the list on which the decision on privatization is made (further - subject to privatization), the auction commission for sale of subjects to big privatization formed by state body of privatization in case of development of sales terms of subject to privatization determines in part which concerns its social activities, obligations of the buyer by implementation of non-state pension provision of workers (the conclusion of pension contracts and payment of pension contributions in their advantage) if according to sales terms core activities of subject to privatization remain, and the number of staff of his workers makes more than hundred people.

If sales terms provide need of the direction by the buyer of investments into modernization, upgrade of production or power upgrade of subject to privatization, the decision on determination in sales terms of the obligation of the buyer on implementation of non-state pension provision of workers of such object is made by the specified auction commission.

3. The obligations of the buyer determined in sales terms on implementation of non-state pension provision of workers of subject to privatization shall contain the provisions concerning implementation and accomplishment of the pension plan in which payment of pension contributions by the employer is provided in non-state pension funds according to the Law of Ukraine "About non-state pension provision".

At least 50 percent of workers of subject to privatization whose selection criteria are determined by the employer shall be covered by the pension plan, and also payment of pension contributions is provided in their advantage in the amount of not smaller, than 4 percent of the amount to the added worker of the salary (income).

Payment of pension contributions it is direct the worker by their payroll deduction (income) it can be provided exclusively on a voluntary basis or on the conditions determined by collective bargainings between the employer and employee representatives.

4. The term of accomplishment of obligations on implementation of non-state pension provision of workers of subject to privatization cannot be less than a completion date of other obligations determined by sales terms including obligations on preserving core activities of subject to privatization. In case of dismissal of the worker for benefit of which pension contributions were paid accomplishment of such obligation concerning this worker stops.

5. Control of execution by the owner of subject to privatization of the obligations on non-state pension provision determining terms of the contract of purchase and sale of such subject to privatization is performed by privatization authority.

 

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