of July 5, 2012 No. 5067-VI
About employment of the population
This Law determines the legal, economic and organizational principles of realization of state policy in the sphere of employment of the population, guarantee of the state concerning protection of the rights of citizens to work and realization of their rights to social protection against unemployment.
1. In this Law terms are used in such value:
1) unemployment - the social and economic phenomenon in case of which part of persons has no opportunity to exercise right to work and receipt of the salary (remuneration) as livelihoods;
2) the unemployed - person aged from 15 up to 70 years which due to the lack of work has no earnings or other stipulated by the legislation income as livelihood, ready and capable to get to work;
3) vacancy - free position (workplace) to which person can be employed;
4) the voucher - the document of the established sample which grants to person according to this Law the right to retraining or preparation on other specialty, preparation at the following education level, specialization, advanced training in organizations of education or at the employer;
4-1) sent foreign workers are the foreigners and stateless persons sent by the foreign employer to Ukraine for accomplishment of certain amount of works (services) based on agreements (contracts) signed between the Ukrainian and foreign subjects of managing;
5) freely chosen employment - realization of the right of the citizen to freely choose the type of activity which is not forbidden by the law (in particular such which is not connected with accomplishment of paid work), and also profession and place of employment according to the capabilities and requirements;
5-1) internal cessionaries - the foreigners and stateless persons recognized as those according to the schedule of specific obligations in service sector of the Protocol on the entry of Ukraine into the World Trade Organization (article II of the General agreement about trade in services);
6) state regulation of employment - forming and realization of state policy in the sphere of employment of the population for the purpose of creation of conditions for ensuring full and productive freely chosen employment and social protection in case of unemployment approach;
7) employment - the activities of persons which are not forbidden by the legislation connected with satisfaction their personal and public needs for the purpose of income acquisition (salary) in cash or other form and also activities of members of one family which perform economic activity or work for the subjects of managing based on their property including is non-paid;
8) the registered unemployed person - person of working-age who is registered in territorial authority of the central executive body which realizes state policy in the sphere of employment of the population and labor migration as jobless and it is ready and capable to get to work;
8-1) foreign highly paid professionals - foreigners or stateless persons which salary constitutes at least 50 minimum wages;
8-2) foreign IT professional - the foreigners or persons without citizenship holding the positions connected with development and deployment of results of computer programming (operating system, computer programs and their components, websites, online services) and cryptographic means of information protection in the legal entities performing activities for computer programming as main type of economic activity on the National qualifier of types of economic activity;
8-3) foreign hired employee - the foreigner or the stateless person which/which works according to the employment contract for the Ukrainian employer according to the legislation of Ukraine;
8-4) foreign worker of creative profession - the foreigners and persons without citizenship holding the positions providing creation of objects of copyright and/or the related rights as the principal labor debt;
9) the worker's competitiveness - set of qualities of person which characterize its capability to work, the level of possession of knowledge, skills;
10) the young worker - the citizen of Ukraine aged up to 35 years, the graduate of organization of professional (professional), professional prehigher or higher education who in six-months time after the end of training found a job independently or in the direction of organization of education or territorial authority of the central executive body which realizes state policy in the sphere of employment of the population and labor migration and continues to work within three years on qualification which it acquired during training, including irrespective of the place of the first employment;
11) part-time employment - employment of the worker on the terms of working hours which are less than regulation of time stipulated by the legislation, can be also established under the contract between the worker and the employer with compensation is pro rata to worked time or depending on development;
12) new workplace - workplace which is created in connection with creation of the new subject of managing (except that it is created by the termination) or increase in the number of staff of workers on condition of lack of reducing (reduction) of average monthly number for the last 12 months, and also created by upgrade or change of the production technology which require new knowledge, skills and abilities of the worker;
13) persons of working-age are persons aged from 16 years which did not reach the stipulated in Clause 26 Laws of Ukraine "About obligatory national pension insurance" retirement age;
14) full employment - employment of the worker on the regulation of working hours provided according to the legislation, the collective or employment contract;
15) employment - complex of the legal, economic and organizational actions aimed at providing realization of the right of person to work;
16) able-bodied persons are persons aged from 16 years which live in the territory of Ukraine and are for health reasons capable to vigorous labor activity;
17) productive employment - employment which gives the chance to provide effective social production and to satisfy needs of the worker at the level at least the guarantees established by the legislation;
18) professional training - acquisition and enhancement of professional knowledge, skills of person according to its capabilities that provides appropriate level of professional qualification for professional activity and competitiveness in the labor market;
19) the labor market - system of the legal, social and labor, economic and organizational relations which arise between persons who look for work, workers, labor unions, employers and their organizations, public authorities in the sphere of satisfaction of need of workers for employment, and employers - in hiring of workers according to the legislation;
20) workplace - the place (room) on which the worker constantly or temporarily is in process of labor activity and which is determined, in particular based on the employment contract (contract);
21) social protection in case of unemployment approach - complex of actions which is provided by obligatory national social insurance on case of unemployment and the legislation on employment of the population;
22) subject of managing which provides services in mediation in employment, - the legal entity registered in the procedure established by the law who carries out economic activity, irrespective of pattern of ownership, type of activity and managing, and also the physical person - the entrepreneur which provide services in mediation in employment in Ukraine and/or abroad according to this Law and other acts of the legislation;
23) labor migration - the movement of person connected with crossing of frontier or borders of administrative and territorial unit for the purpose of accomplishment or job search;
24) partial unemployment - forced temporary reducing stipulated by the legislation duration of working hours in connection with stop (reducing) of production for the reasons of economic, technological and structural nature without the termination of employment relationships.
2. Terms "employers", "workers", "persons who provide themselves with work independently" of "the party of social dialogue", "youth" and "informal professional training of workers" are used in this Law in the values given in the laws of Ukraine "About the organizations of employers", "About collection and accounting of single fee on obligatory national social insurance", "About social dialogue in Ukraine", "About fundamentals of youth policy", "About professional development of workers".
1. The relations in the sphere of employment of the population are governed by the Constitution of Ukraine, this Law, the Labor code of Ukraine, Economic and Civil codes of Ukraine, the Law of Ukraine "About obligatory national social insurance on unemployment case", other acts of the legislation.
2. In case when the international treaty of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than those which are stipulated by the legislation Ukraine about employment of the population are applied rules of the international treaty.
1. Everyone has the right to freely chosen employment.
2. Coercion to work in any form is forbidden.
The voluntary unemployment of person cannot be the basis for attraction it to responsibility.
3. Employment of the population is provided by establishment of the relations which are regulated by employment contracts (contracts), carrying out entrepreneurial and other types of activity which are not forbidden by the law.
4. The foreigners and persons without citizenship who are constantly living in Ukraine, recognized in Ukraine as refugees who are granted shelter in Ukraine who are recognized as persons needing additional protection to whom temporary protection is provided and also those which got permission to immigration to Ukraine have the right to employment on the bases and according to the procedure, established for citizens of Ukraine.
Foreigners and stateless persons which arrived to Ukraine for employment for certain term are employed as employers based on permission to application of the work of foreigners and stateless persons issued according to the procedure, determined by this Law if another is not provided by international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine.
1. Persons working on hiring on the terms of the employment contract (contract) or at other conditions, stipulated by the legislation treat occupied population, persons who provide themselves with work independently (including members of personal peasant economy) pass military or alternative (not military) service, work at legal causes abroad and which have the income from such employment, and also the persons studying in day or dual form of education in organizations of general average, professional (professional), professional prehigher and higher education and combining study with work.
Also belong to occupied population:
idle able-bodied persons which actually perform child care with disability person with disability of the I group or for person of advanced years who according to the conclusion of medical institution needs permanent care or reached 80-year age, and receive the help, compensation and/or the allowance according to the legislation;
parents is tutors of orphanages of family type, adoptive parents if they receive cash cover according to the legislation;
person living together with person with disability of I or II groups owing to mental disturbance which according to the conclusion of the medical commission of medical institution needs permanent care, and the receiving benefit for care of it according to the legislation.
2. Foreigners and stateless persons which are in Ukraine and which employment is connected with ensuring activities of foreign embassies and missions or accomplishment of the professional or labor obligations before the employer - the nonresident do not belong to occupied population.
1. The state guarantees in the sphere of employment:
1) free election of the place of application of work and type of activity, free choice or change of profession;
2) receipt of the salary (remuneration) according to the legislation;
3) professional orientation for the purpose of self-determination and realization of capability of person to work;
4) professional training according to capabilities and taking into account requirements of the labor market;
5) confirmation of results of informal professional training of persons by working professions;
6) free assistance in employment, election of suitable work and receipt of information on situation in the labor market and the prospects of its development;
7) social protection in case of unemployment approach;
8) protection against employment discrimination, unreasonable refusal in employment and wrongful dismissal;
9) additional assistance in employment of separate categories of citizens.
1. Everyone has the right to the free choice of the place, type of activity and occupation which is provided with the state by creation of legal, organizational and economic conditions for such choice.
2. Realization of the right to the choice of the place, type of activity and occupation is performed by independent ensuring with person the employment or the address for the purpose of employment to the employer or with assistance of the central executive body which realizes state policy in the sphere of employment of the population and labor migration, or subject of managing which renders services in mediation in employment.
1. Everyone has the right to professional orientation which is provided by provision of complex of professional orientation services in the choice or change of profession, type of activity and other professional orientation services.
2. Persons have the right to free services in professional orientation for the purpose of election or change of type of activity, place of employment, the work mode.
1. Everyone has the right to professional training which is exercised by primary professional training, retraining, specialization and advanced training, training in organizations of professional (professional), professional prehigher, higher education and institutions of post-qualifying education, is direct on workplaces on production or in service industry for the purpose of receipt by person of the corresponding qualification or reduction of its level in compliance with requirements of modern production and service industry.
1. Everyone has the right to social protection in case of unemployment approach which is implemented by way:
1) participations in obligatory national social insurance on unemployment case which provides material security on unemployment case;
2) provisions of free social services, in particular, information and consulting and professional orientation, professional training, retraining, advanced training taking into account demand in the labor market, assistance in employment, in particular, by financial support of self-employment and realization of entrepreneurial initiative according to the legislation;
3) provisions of special guarantees to workers who lost work in connection with changes in production organization and work;
4) provisions of additional guarantee of employment to separate categories of the population which are not capable to compete on equal terms in the labor market.
1. Citizens of Ukraine have the right to be engaged in labor activity abroad if such activities are not forbidden by the legislation of Ukraine and the state of stay.
2. The rights of citizens of Ukraine which work abroad are protected by the legislation of Ukraine and the state of stay if another is not provided by international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine.
1. The state guarantees to person right of defense against any manifestations of employment discrimination of the population on signs of race, skin color, political, religious and other convictions, memberships in labor unions or other associations of citizens, sex, age, ethnic and social origin, property condition, the place of residence, on language or other signs.
2. Implementation of actions of rather additional assistance in employment of separate categories of citizens is not considered discrimination.
3. It is forbidden to specify in announcements (advertizing) of vacancies restrictions concerning age of candidates, to offer work only to women or only men, except for specific work which can be carried out only by persons of the defined sex, to make demands which provide benefit to one of floors, and also to demand provision of data on private life from persons who find a job.
Restrictions concerning contents of announcements (advertizing) of vacancies (acceptance and work) and responsibility for violation of established procedure of their distribution are established by the Law of Ukraine "About advertizing".
1. Everyone has the right to free receipt of information on the supply and demand to labor power, in particular about free workplaces (positions), opportunities and conditions of employment in the territory of Ukraine and abroad, professional orientation, professional training and to others services, stipulated by the legislation.
2. The state provides information access in the sphere of employment of the population through public authorities and mass media.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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