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LABOR CODE OF UKRAINE

of December 10, 1971 No. 322-VIII

(as amended on 08-07-2022)

The labor code of Ukraine determines the legal basis and guarantees of implementation by citizens of Ukraine of the right to dispose of the capability to productive and creative activity.

Chapter I. General provisions

Article 1. Tasks of the Labor code of Ukraine

The labor code of Ukraine governs employment relationships of all workers, helping increase in labor productivity, improvement of quality of work, increase in efficiency of social production and rise on this basis of material and cultural level of living of workers, to consolidation of labor discipline and gradual transformation of work for the benefit of society in the first vital need of each able-bodied person.

The legislation on work establishes the high level of working conditions, every possible protection of labor rights of workers.

Article 2. Basic labor rights of workers

The right of citizens of Ukraine to work, - i.e. on receipt of work with compensation not below the minimum size established by the state, - including the right to free choice of profession, occupation and work, is provided with the state. The state creates conditions for effective employment of the population, promotes employment, preparation and increase in labor qualification, and if necessary provides retraining of persons released as a result of transition to market economy.

Workers exercise right to work by execution of an employment agreement about factory job, in organization, the organization or with physical person. Workers have right to rest according to the laws on restriction of the working day and business week and on annual paid leaves, the right to healthy and safe working conditions, to consolidation in labor unions and to permission of collective labor disputes (disputes) in the procedure established by the law, on participation in enterprise management, organization, the organization, on material security according to the procedure of social insurance in the evening of life, and also in case of disease or rehabilitation, complete or partial disability, on financial support in case of unemployment, on the right of appeal to the court for permission of employment disputes irrespective of nature of the performed work or post, except cases, stipulated by the legislation, and other rights established by the legislation.

Article 2-1. Equality of labor rights of citizens of Ukraine, non-admission of employment discrimination

Any employment discrimination, in particular, violation of the principle of equal rights and opportunities, direct or indirect restriction of the rights of workers depending on race, skin color, political, religious and other convictions, floor, ethnic, social and foreign origin, age, the state of health, disability, gender identity, sexual orientation, suspicion or disease availability HIV/AIDS, marital and property status, family obligations, the place of residence, membership in labor union or other public association, participation in strike, the address or intention of appeal to the court or other bodies behind protection of the rights or provisions of support to other workers in protection of their rights, messages on the possible facts of the corruption or connected with corruption offenses, other violations of the law of Ukraine "About prevention of corruption", and also assistance to person in making of such message is forbidden, on the language or other signs which are not connected with kind of work or conditions of its accomplishment.

Are not considered as employment discrimination established by this Code and other laws of action, and also restriction of the rights of workers which depend on requirements inherent in certain work type (concerning age, education, the state of health, floor) or caused by need of the strengthened social and legal protection of some categories of persons.

By the laws and charters of economic societies (except joint-stock), agricultural cooperatives, farms, public associations, the religious organizations and the legal entities based by the religious organizations benefits to their founders (participants) and members can be established by work provision, transfer to other work and leaving at work in case of dismissal.

Persons considering that they underwent to employment discrimination have the right to address with the claim to public authorities, authorities of the Autonomous Republic of Crimea, local government bodies and to their officials, the Representative of the Verkhovna Rada of Ukraine for human rights and/or to court.

Article 3. Regulation of employment relationships

The legislation on work governs employment relationships of employees of all companies, organizations, organizations irrespective of patterns of ownership, type of activity and industry accessory, and also persons working according to the employment contract with physical persons.

Features of work of members of cooperatives and their associations, collective agricultural enterprises, farms, employees of the companies with foreign investments are determined by the legislation and their charters. At the same time guarantees concerning employment, labor protections, work of women, youth, persons with disability are provided according to the procedure, stipulated by the legislation about work.

Action of this Code and the legislation on work does not extend to the relations between specialists gigabyte and residents Action of City determined by the Law of Ukraine "About stimulation of development of digital economy in Ukraine".

Article 4. Legislation on work

The legislation on work consists from the Labor code of Ukraine and other acts of the legislation of Ukraine adopted according to it.

Article 4-1. Profession (type of occupations), qualification, register of qualifications

The profession (type of occupations) is set of relatives on labor functions of types of labor activity who can require certain professional and/or educational qualification of the worker.

Labor function is integrated, mainly autonomous set of labor actions which is determined by engineering procedure, characteristic of it, and assumes availability of the certain competences necessary for their accomplishment.

Professional qualification (complete professional qualification) is recognized or appropriated/confirmed with the subject authorized on it by the legislation, and the standardized set of the kompetentnost got by person certified by the relevant document and/or results of training which gives the chance to perform all labor functions determined by the corresponding professional standard.

Partial professional qualification is recognized or appropriated/confirmed with the subject authorized on it by the legislation, and the standardized set of the kompetentnost got by person certified by the relevant document and/or results of training which gives the chance to perform part of the labor functions determined by the corresponding professional standard.

The list of works which do not require availability from person of professional or partial professional qualification affirms the Cabinet of Ministers of Ukraine on representation of the National agency of qualifications.

The register of qualifications is the automated system of collection, verification, processing, storage and information security about qualification.

The register of qualifications contains information on profession (type of occupations), professional and partial professional qualifications, educational qualifications, professional standards taking into account levels of the National frame of qualifications.

The national agency of qualifications provides open access to the Register of qualifications to all interested persons.

The procedure for maintaining the Register of qualifications affirms the Cabinet of Ministers of Ukraine on representation of the National agency of qualifications.

Article 4-2. Professional standards

The professional standard is the requirements to kompetentnost of workers approved in accordance with the established procedure which form basis for forming of professional qualifications.

Professional standards can be developed by employers, their organizations and associations, public authorities, scientific institutions, industry councils, public associations, other interested subjects.

Professional standards affirm their developers.

If developer is not industry council on questions of development of professional standards, the professional standard affirms after coordination with the representative All-Ukrainian Union of labor unions at the industry level.

The procedure for development, enforcement and review of professional standards affirms the Cabinet of Ministers of Ukraine on representation of the National agency of qualifications.

The procedure for development and approval of qualification characteristics affirms the central executive body providing forming of state policy in the sphere of work, employment relationships and employment of the population on representation of the National agency of qualifications.

Requirements to kompetentnost, obligations and qualifications of workers are determined by professional standards. In the absence of professional standards such requirements can be determined by qualification characteristics.

Methodical recommendations about development of professional standards are developed by the National agency of qualifications and published on its official website";

Part one of Article 21 to add 2) with the offer of the following content: "Conditions on performance of works which require professional and/or partial professional qualification, and also condition of performance of works which do not require availability from person of professional or partial professional qualification can be established by the employment contract.

Article 5.

Article 5 is excluded according to the Law of Ukraine of 20.03.1991 No. 871-12

Article 5-1. Guarantees of providing right of citizens for work

The state guarantees to the able-bodied citizens who are constantly living in the territory of Ukraine:

free choice of type of activity;

free assistance of employment by public services in matching of suitable work and employment according to calling, capability, professional training, education, taking into account public requirements;

provision by the companies, organizations, organizations according to their previously submitted applications of occupational work to graduates of organizations of professional (professional), professional higher education;

free training of the unemployed by new professions, retraining in educational institutions or in system of public service of employment with payment of grant;

compensation according to the legislation of material expenses in connection with job placement to other area;

legal protection from unreasonable refusal in acceptance for work and illegal release, and also assistance in preserving work.

Article 6.

Article 6 is excluded according to the Law of 20.03.1991 No. 871-12

Article 7. Features of regulation of work of some employee categories

Features of regulation of work of persons working in areas with special natural geographical and geological conditions and conditions of the increased risk for health, temporary and seasonal employees, and also the workers working for physical persons according to employment contracts, additional (except 41 these Codes provided in Articles 37,) the bases for the termination of the employment contract of some employee categories under certain conditions (violation of statutory rules of employment, etc.) are established by the legislation.

Article 8. Regulation of employment relationships of the citizens working outside the states

Employment relationships of the citizens of Ukraine working beyond its limits and also employment relationships of the foreign citizens working at the companies in organizations, the organizations of Ukraine, are regulated according to the Law of Ukraine "About private international law".

Article 8-1. Ratio of international treaties on work and legislations of Ukraine

If the international treaty or the international agreement in which Ukraine participates establish other rules, than those which the legislation of Ukraine on work contains then are applied rules of the international treaty or the international agreement.

Article 9. Invalidity of conditions of the agreements on work worsening situation of workers

Conditions of the agreements on work worsening situation of workers in comparison with the legislation of Ukraine on work are invalid.

Article 9-1. Labor and social privileges, additional in comparison with the legislation

The companies, organizations, the organizations within the powers and at the expense of own means can establish labor and social privileges, additional in comparison with the legislation, for workers.

The company can stimulate the interest workers of medical, children's, cultural and educational, educational and sports institutions, the organizations of public catering and the organizations which serve labor collective and are not its part.

Chapter II. Collective agreement

Article 10. Collective agreement

The collective agreement is signed on the basis of the legislation, obligations assumed by the parties for the purpose of regulation of the production, employment and social and economic relationships and coordination of interests of workers and employers

Article 11. Sphere of the conclusion of collective agreements

The collective agreement is signed at the company, in organization, the organization, and also with the physical person using wage labor.

The part two is excluded according to the Law of Ukraine of 12.05.2022 No. 2253-IX

Article 12. Parties of the collective agreement

The parties of the collective agreement are:

the party of the employer which subjects is the owner or the body (person) or the physical person using wage labor authorized by him and / or his authorized representatives, in particular, representatives of separate divisions of the legal entity;

the party of workers which subjects are primary trade-union organizations which operate on the company in organization, the organization, separate divisions of the legal entity, unite the staff of the physical person using wage labor and represent the interests of workers which work based on employment contracts at the company, in organization, the organization, at physical person, and in case of their absence - the representatives (representative) who are freely elected workers for conducting collective bargainings.

If at the company, in organization, the organization or employees of the physical person using wage labor several trade-union organizations are created, they shall on the principles of pro rata representation (according to the number of members of everyone) to form for negotiating according to the conclusion of the collective agreement joint representative body by the conclusion of the relevant agreement and in writing to notify on it the owner or the body authorized by it, physical person.

Primary trade-union organization which refused participation in general representative body loses the right to represent the interests of workers when signing the collective agreement.

Article 13. Contents of the collective agreement

Contents of the collective agreement are determined by the parties within their competence.

In the collective agreement cross liabilities of the parties concerning regulation of the production, employment, social and economic relationships are established, in particular:

changes in production organization and work;

ensuring productive employment;

regulations and compensations, establishments of forms, systems, sizes of the salary and other types of labor payments (surcharges, allowances, awards, etc.);

establishments of guarantees, compensations, privileges;

participations of labor collective in forming, distribution and use of profit of the company, organization, the organization (if it is provided by the charter);

operating mode, duration of working hours and rest;

conditions and labor protection;

ensuring domestic, cultural, medical attendance, organization of improvement and rest of workers;

guarantees of activities trade-union or other representative employee organizations;

conditions of regulation of the salary funds and establishment of interqualification (interofficial) ratios in compensation;

providing the equal rights and opportunities of women and men.

The collective agreement can provide additional in comparison with the current legislation and agreements of guarantee, social privileges.

Article 14. Collective bargainings, development and conclusion of the collective agreement, responsibility for its accomplishment

The conclusion of the collective agreement is preceded by collective bargainings.

Terms, procedure for negotiating, permission of the disagreements arising during their maintaining, procedure for development, the conclusion and modification and amendments of the collective agreement responsibility for its accomplishment are regulated by the Law of Ukraine "About collective agreements and agreements".

Article 15. Registration of the collective agreement

Collective agreements are subject to notifying registration local executive bodies or local government bodies.

The order of registration of collective agreements is determined by the Cabinet of Ministers of Ukraine.

Article 16. Invalidity of conditions of the collective agreement

The conditions of the collective agreement worsening provision of workers in comparison with the current legislation and agreements are invalid.

Article 17. Effective period of the collective agreement

The collective agreement becomes effective from day of its signing by agents of the parties or from the date of, specified in it.

After the termination of effective period the collective agreement continues to be effective till that time until the parties conclude new or will review acting if another is not provided by the agreement.

The collective agreement is valid in case of change of structure, structure, the name of the employer on behalf of which this Agreement is signed.

In case of change of the owner, reorganization of the legal entity (separate division of the legal entity) of condition of the collective agreement no more than one year are effective during the term for which he is imprisoned, but if the parties did not agree about other.

The collective agreement is valid during all term of carrying out liquidation of the company, organization, the organization, closing of separate divisions of the legal entity.

At the newly created company, in organization, the organization the collective agreement is signed at the initiative of one of the parties.

Article 18. Distribution of the collective agreement on all workers

Provisions of the collective agreement extend to all employees of the company, organization, organization, the physical person using wage labor irrespective of whether they are members of labor union, and are obligatory as for the owner or the body authorized by it, the physical person using wage labor and for workers.

Article 19. Control over the implementation of the collective agreement

Control over the implementation of the collective agreement is carried out directly by the parties which imprisoned him, according to the procedure, determined by this collective agreement.

If the employer violated the conditions of the collective agreement, labor unions which imprisoned him have the right to direct to the employer idea of elimination of these violations which is considered in week time. In case of refusal labor unions have the right to appeal wrongful acts or failure to act of officials in court to eliminate violation or defaults of agreement in the specified time.

Article 20. Reports on accomplishment of the collective agreement

The parties which signed the collective agreement annually in the terms provided by the collective agreement report on its accomplishment.

Chapter III. Employment contract

Article 21. Employment contract

The employment contract is the agreement between the worker and the employer (the employer - physical person) on whom the worker shall perform the work determined by this agreement, and the employer (the employer - physical person) shall pay to the worker the salary and provide the working conditions necessary for performance of work, stipulated by the legislation about work, with the collective agreement and the agreement of the parties.

The worker has the right to implement the capabilities to productive and creative activity by execution of an employment agreement on one or at the same time at several companies, in organizations, the organizations if other is not stipulated by the legislation, the collective agreement or the agreement of the parties.

Special form of the employment contract is the contract in which the term of its action, the rights, obligations and responsibility of the parties (including material), conditions of material security and labor organization of the worker, agreement cancelation condition, including early, can be established by the agreement of the parties. Scope of the contract is determined by the laws of Ukraine.

Article 22. Guarantees in case of the conclusion, change and the termination of the employment contract

The owner or the body authorized by him, physical person which uses wage labor has the right of the free choice among candidates for occupation of workplace (position).

The unreasonable refusal in employment, that is refusal without any motives or on the bases which are not concerning qualification or professional qualities of the worker or on other bases which are not provided by the law is forbidden.

Upon the demand of person to whom it is refused employment the owner or the body authorized by it, the physical person using wage labor shall be reported about the reason of such refusal which shall correspond to part one of this Article in writing.

Any direct or indirect restriction of labor rights in case of the conclusion, change and the termination of the employment contract is not allowed.

Requirements concerning age, the education level, the state of health of the worker can be established by the legislation.

Article 23. Terms of the employment contract

The employment contract can be:

1) termless which consists sine die;

2) for the certain term established as agreed by the parties;

3) it which consists for the period of accomplishment of certain work.

The terminal employment contract is signed in cases when employment relationships cannot be established sine die taking into account nature of further work, either conditions of its accomplishment, or interests of the worker and in other cases provided by legal acts.

The employer shall inform the workers working according to the terminal employment contract on vacancies which correspond to their qualification and provide possibility of the conclusion of the termless employment contract, and also to provide equal opportunities of such workers for its conclusion.

Article 24. Execution of an employment agreement

The employment contract is signed, as a rule, in writing. Observance of written form is obligatory:

1) in case of organized set of workers;

2) in case of execution of an employment agreement about work in areas with special natural geographical and geological conditions and conditions of the increased risk for health;

3) in case of the conclusion of the contract;

4) in cases when the worker insists on execution of an employment agreement in writing;

5) in case of execution of an employment agreement with the minor (article 187 of this Code);

6) in case of execution of an employment agreement with physical person;

6-1) in case of execution of an employment agreement about remote work or about outwork;

7) in other cases, stipulated by the legislation Ukraine.

In case of execution of an employment agreement the citizen shall file the passport or other identity document, the service record (in case of availability) or data on labor activity from the register of insured persons of the State register of obligatory national social insurance, and in cases, stipulated by the legislation, - also the education document (specialties, qualifications), about the state of health the relevant military and accounting document and other documents.

In case of execution of an employment agreement the citizen who is for the first time employed has the right to submit the requirement about execution of the service record.

The worker cannot be allowed to work without execution of an employment agreement which is drawn up by the order or the order of the employer, and the message of the central executive body concerning ensuring forming and realization of state policy on administration of single fee on obligatory national social insurance about the acceptance of the worker for work according to the procedure established by the Cabinet of Ministers of Ukraine.

The part four is excluded according to the Law of Ukraine of 28.12.2014 No. 77-VIII

To person invited to work according to the procedure of the translation from other company, organization, the organization for coordination between heads of the companies, organizations, organizations it cannot be refused execution of an employment agreement.

Execution of an employment agreement with the citizen to whom according to the medical certificate the offered work is contraindicated for health reasons is forbidden.

Article 24-1. 

It is excluded according to the Law of Ukraine of 28.12.2014 No. 77-VIII

Article 25. Prohibition to require in case of execution of an employment agreement some data and documents

In case of execution of an employment agreement it is forbidden to demand from persons going to work, data on their party and national identity, origin, registration of the residence or stay and documents which provision is not stipulated by the legislation.

Article 25-1. Restrictions of joint operation of relatives at the company, in organization, the organization

The owner has the right to introduce restrictions of rather joint operation at the same company, in organization, the organization of persons who are close relatives or brothers-in-law (parents, spouses, brothers, sisters, children, and also parents, brothers, sisters and children of spouses) if in connection with accomplishment of labor obligations they are directly subordinated or under control each other.

At the companies, in organizations, the organizations of the state pattern of ownership the procedure for introduction of such restrictions is established by the legislation.

Article 26. Testing in case of employment

In case of execution of an employment agreement testing for the purpose of check of compliance of the worker to work which is entrusted to it can be caused by the agreement of the parties. The condition about testing shall be stipulated in the order (order) on employment.

During testing for workers the legislation on work extends.

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