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 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, 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.
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, gender identity, sexual orientation, ethnic, social and foreign origin, age, the state of health, disability, suspicion or disease availability HIV/AIDS, marital and property status, family obligations, the place of residence, membership in labor union or other consolidation of citizens, participation in strike, the address or intention of appeal to the court or other bodies behind protection of the rights or provision of support to other workers in protection of their rights of the message 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 implementation of such message" is forbidden, on the language or other signs which are not connected with kind of work or conditions of its accomplishment.
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.
The legislation on work consists from the Labor code of Ukraine and other acts of the legislation of Ukraine adopted according to it.
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 the state higher educational, professional teaching and educational institutions;
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 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 the agreements on work worsening situation of workers in comparison with the legislation of Ukraine on work are invalid.
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 based on the current 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, owners and the bodies authorized by them.
The collective agreement is signed at the companies, in organizations, the organizations irrespective of the patterns of ownership and housekeeping which are using wage labor and having the rights of the legal entity.
The collective agreement can be signed in structural divisions of the company, organization, the organization within competence of these divisions.
The collective agreement is signed between the owner or the body (person) authorized by it, on the one hand, and primary trade-union organization, acting according to the charter, and in case of their absence - representatives, freely chosen on general meeting of hired employees or the bodies authorized by them, on the other hand.
If at the company, in organization, the organization several primary trade-union organizations are created, they shall on the principles of pro rata representation (according to the number of members of each primary trade-union organization) to form the joint representative body for the conclusion of the collective agreement. In this case each primary trade-union organization shall be determined concerning the specific obligations by the collective agreement and responsibility for their failure to carry out. Primary trade-union organization which refused participation in the joint 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 organizations of workers;
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.
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 body authorized by the owner on behalf of which this agreement is signed.
In case of reorganization of the company, organization, the organization the collective agreement is valid during the term for which he is imprisoned, or can be reviewed in the consent of the parties.
In case of change of the owner of the collective agreement it is saved the power during the term of its action, but it is no more than one year. During this period of the party shall begin negotiations on the conclusion new either change or amendment of the existing collective agreement.
In case of liquidation of the company, organization, the organization the collective agreement is effective during all term of carrying out liquidation.
At the neogenic company, in organization, the organization the collective agreement is signed at the initiative of one of the parties in three-months time after registration of the company, organization, the organization if the legislation provides registration, or after the decision on organization of the company, organization, the organization if their registration is not provided.
Provisions of the collective agreement extend to all employees of the company, organization, organization irrespective of whether they are members of labor union, and is obligatory as for the owner or the body authorized by it, and for employees of the company, organization, organization.
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 owner or the body (person) authorized by him violated the conditions of the collective agreement, labor unions which imprisoned him have the right to direct to the owner or the body (person) authorized by it 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 owner of the company, organization, the organization or the body authorized by it or physical person on which the worker shall perform the work determined by this agreement with subordination to the internal labor schedule, and the owner of the company, organization, organization or the body authorized by it or physical person shall pay 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 another 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.
The unreasonable refusal in employment is forbidden.
According to the Constitution of Ukraine any direct or indirect restriction of the rights or establishment of immediate or indirect advantages in case of the conclusion, change and the termination of the employment contract depending on origin, the social and property condition, racial and national identity, floor, language, political views, religious beliefs, membership in labor union or other consolidation of citizens, sort and nature of occupations, the place of residence is not allowed.
Requirements concerning age, the education level, the state of health of the worker can be established by the legislation of Ukraine.
The employment contract can be:
1) termless which consists sine die;
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 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;
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, and in cases, stipulated by the legislation, - also the education document (specialties, qualifications), about the state of health and other documents.
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 owner or the body authorized by it, 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.
It is excluded according to the Law of Ukraine of 28.12.2014 No. 77-VIII
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.
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.
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.
Testing is not established in case of employment: persons which did not reach eighteen years; young workers after the termination of professional teaching and educational institutions; young specialists after the termination of higher educational institutions; persons transferred to the reserve from military or alternative (not military) service; persons with disability directed to work according to the recommendation of medico-social examination. persons elected to position; winners of competitive selection on replacement of vacant position; persons which passed training in case of employment with separation from the main work; expectant mothers; the lonely mothers having the child aged up to fourteen years or the child with disability; persons with whom the terminal employment contract for up to 12 months, persons on temporary and seasonal works is signed; internally displaced persons. Testing is not established also in case of employment to other area and in case of transfer to work to other company, in organization, the organization, and also in other cases if it is stipulated by the legislation.
Testing term in case of employment if another is not established by the legislation of Ukraine, cannot exceed three months, and in some cases, in coordination with the relevant elected body of primary trade-union organization, - six months.
Testing term in case of employment of workers cannot exceed one month.
In time testing are not set off days when the worker actually did not work, irrespective of the reason
When the term of testing ended, and the worker continues to work, it is considered passed test, and further termination of the employment contract is allowed only in accordance with general practice.
In case of establishment by the owner or the body of discrepancy of the worker of post authorized by it on which he is accepted or the performed work he has the right during the term of testing to dismiss such worker, having in writing warned him about it in three days. Termination of the employment contract for these reasons can be appealed by the worker according to the procedure, established for consideration of employment disputes concerning dismissal.
Prior to work on the signed employment contract the owner or the body authorized by it shall:
To explain 1) to the worker of its right and obligation and to inform on receipt on working conditions, availability on workplace where he will work, dangerous and harmful production factors which are not eliminated yet, and possible consequences of their influence on health, its rights to privileges and compensations for work in such conditions according to the current legislation and the collective agreement;
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