of December 10, 1971 No. 322-VIII
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.
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.
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 the worthy relation from the employer, other workers, to consolidation in labor unions and on 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.
Mobbing (persecution) - the systematic (repeating) long intentional actions or failure to act of the employer, certain workers or employee group of labor collective who are directed to humiliations of honor and advantage of the worker, its goodwill, including for the purpose of acquisition, change or the termination by it of labor rights and obligations which are shown in the form of psychological and/or economic pressure, including using means of electronic communications, creation the relation of the worker of the charged, hostile, offensive atmosphere, including it that forces it to underestimate the professional suitability.
Forms of psychological and economic pressure, in particular, are:
creation concerning the worker of the charged, hostile, offensive atmosphere (threat, ridiculing, slander, the scornful notes, behavior menacing, intimidating, humiliating nature and other methods of conclusion of the worker from psychological balance);
groundless negative allocation of the worker from collective or its isolation (not application on meetings and meetings in which the worker, according to local regulations and organizational and administrative acts shall participate, preventing to accomplishment of the labor function by it, non-admission of the worker on workplace, transfer of workplace to places, unadapted for this work type);
inequality of opportunities for training and career development;
unequal payment for work of equal value which is carried out by workers of identical qualification;
groundless deprivation of the worker of part of payments (awards, bonuses and other encouragement);
unreasonable uneven distribution by the employer of loading and the tasks between workers with identical qualification and labor productivity performing equivalent work.
Requirements of the employer for proper accomplishment by the worker of labor obligations, change of workplace, position of the worker or the amount of compensation according to the procedure, established by the legislation, the collective or employment contract, are not considered as mobbing (persecution).
Making of mobbing (persecution) is forbidden.
Persons considering that they underwent mobbing (persecution) have the right to address with the claim to the central executive body realizing state policy in the sphere of supervision and control of compliance with law about work and/or to court.
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.
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.
Features and procedure for regulation of employment relationships of subjects of small and medium business are determined by Chapter of III-B of this Code.
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".
The legislation on work consists from the Labor code of Ukraine and other acts of the legislation of Ukraine adopted according to it.
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.
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 is excluded according to the Law of Ukraine of 20.03.1991 No. 871-12
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;
legal protection from mobbing (persecution), discrimination, the prejudiced relation in the sphere of work, honor and dignity protection of the worker during implementation of labor activity by it, and also providing to persons which underwent such actions and/or failure to act, the right to the appeal to the central executive body realizing state policy in the sphere of supervision and control of compliance with law about work and in court about recognition of such facts and their elimination (without the termination by the worker of labor activity for consideration of the claim, proceeedings), and also compensation of the damage caused owing to such actions and/or failure to act based on the judgment which took legal effect.
Article 6 is excluded according to the Law of 20.03.1991 No. 871-12
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.
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".
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.
Conditions of employment contracts which worsen situation of workers in comparison with the legislation of Ukraine on work are invalid.
Compulsion of the worker to execution of an employment agreement containing conditions concerning which between the worker and the employer it is not reached mutual consent is forbidden.
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.
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
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
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.
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 measures directed to prevention, counteraction and the termination of mobbing (persecution), and also measure for recovery of the rights violated owing to mobbing (persecution).
The collective agreement can provide additional in comparison with the current legislation and agreements of guarantee, social privileges.
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".
The order of registration of collective agreements is determined by the Cabinet of Ministers of Ukraine.
The conditions of the collective agreement worsening provision of workers in comparison with the current legislation and agreements are invalid.
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.
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.
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.
The parties which signed the collective agreement annually in the terms provided by the collective agreement report on its accomplishment.
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.
In the conditions of the simplified mode of the regulation of employment relationships determined by Chapter of III-B of this Code, the employment contract is fixed asset of regulation of employment relationships of workers and employers (owners of private enterprises) in which the number of workers or the pay level of work corresponds to criteria, stipulated in Clause 49-5 of this Code.
In case of application of the simplified mode of regulation of employment relationships, by mutual consent of the parties, in the employment contract the additional rights, obligations and responsibility of the parties, conditions of material security and labor organization of the worker, condition of the termination or early agreement cancelation can be determined.
The employment contract with unstable working hours is special type of the employment contract which conditions do not establish specific time of performance of work, obligation of the worker to carry out which arises only in case of provision by the employer of the work provided by this employment contract without guaranteeing that such work will be constantly provided, but with observance of the payment terms of work provided by this Article.
The employer independently determines need and time of employee engagement to work, the amount of work and in the time provided by the employment contract approves operating mode and duration of the working hours necessary for accomplishment of the corresponding work with the worker. At the same time requirements of the legislation concerning duration of working hours and time of rest shall be observed.
The number of employment contracts with unstable working hours at one employer cannot exceed 10 percent of total quantity of employment contracts which party is this employer.
The employer (the employer - physical person) using work less than 10 workers can sign no more than one employment contract with unstable working hours.
The employment contract with unstable working hours shall contain, in particular, information
method and the minimum time for notification of the worker about the beginning of performance of work which shall be sufficient for the timely beginning of accomplishment by the worker of the obligations;
style and the maximum term of the message from the worker on readiness to get to work or about refusal of its accomplishment in the cases provided by part eight of this Article;
intervals during which can demand from the worker to work (basic hours and days).
The approximate form of the employment contract with unstable working hours affirms the central executive body providing forming of state policy in the sphere of employment relationships.
The number of basic hours during which can demand from the worker to work, cannot exceed 40 hours a week, and the number of basic days cannot exceed 6 days a week.
The worker has the right to refuse performance of work if the employer requires performance of work outside basic days and hours or if to him it was reported about availability of work with violation of the minimum terms determined by the employment contract with unstable working hours.
The refusal of the worker of performance of work in basic days and hours is the basis for attraction it to disciplinary responsibility, except refusal cases in connection with temporary disability or accomplishment of the state or public duties, and also the message by the employer to the worker about availability of work with violation of the minimum terms determined by the employment contract with unstable working hours.
The salary is paid to the worker performing work based on the employment contract with unstable working hours for actually worked time.
In case of price-work wages system the salary is paid to the worker for actually performed work on the price-work quotations established in the employment contract with unstable working hours.
The minimum duration of working hours of the worker performing work based on the employment contract with unstable working hours during calendar month constitutes 32 hours. If the worker during calendar month performed work less than 32 hours, the salary shall be paid to it for 32 working hours in accordance with the terms of compensation at least, determined by the employment contract.
In case of failure to provide work by the employer to the worker who performs work based on the employment contract with unstable working hours the salary on price-work wages system during calendar month shall be paid to the worker in the amount of, not smaller the size of the salary of the worker of the corresponding qualification which compensation is performed on hourly system, - for 32 working hours.
In case of the consent of the worker to attraction to work outside basic days or hours its work is paid in the amount of, not smaller, than it is provided by conditions of the employment contract, and in case of excess of normal duration of working hours - according to the procedure, stipulated in Article the 106th of this Code.
The employer cannot prohibit or interfere with the worker who performs work based on the employment contract with unstable working hours, to perform work on employment contracts with other employers. Performance of work on the terms of unstable working hours does not involve any restrictions of amount of labor rights of workers.
In the employment contract with unstable working hours the additional bases for its termination which shall be connected with capabilities or behavior of the worker or other reasons of economic, technological, structural or similar nature can be established.
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