The Law of Ukraine
On Employment of Population
Date of Entry into Force:
March 22, 1991
The Law of Ukraine “On Employment of Population” (hereinafter - the Law) determines legal, economic and organizational grounds of Ukrainian population employment and its protection form unemployment as well as social guarantees of the state in the realization of citizens' right to work. Employment is the citizens' activities connected with personal and social needs satisfaction and the activities which, as a rule, bring them income in monetary or other form. Employment of the population living on the territory of Ukraine is ensured by the state through conducting active social economic policy directed at satisfaction of population's needs in voluntary choice of type of activities, promotion of new jobs creation and entrepreneurship development.
The unemployed are able to work people of working age who because of absence of work do not earn money or do not have other provided by the legislation incomes and are registered in the state employment service as those who are looking for a job, are ready and able to perform the suitable work. In case when it is impossible to provide the unemployed with the suitable work s/he may be offered professional retraining or increase of professional skills.
The state ensures provision of additional guarantees concerning employment of able to work citizens of working age to those who need social protection and cannot compete on equal terms on job market as well as to:
- the women who have children under six years old;
- single mothers who have children under fourteen years old or disabled children;
- the youth which graduated or stopped studies in the secondary educational establishments, vocational educational establishments, to those who were discharged from service for a fixed period or alternative (non-military service) and are given the first working place, to the orphans left without parents' care as well as to the persons who are fifteen years old and who with consent of one of the parents or the person who substitutes them may be employed as exception;
- the persons of pre-retirement age (men who are 58 years old, women -53 years old;
- the persons freed after they had served their punishment or after compulsory treatment.
For the citizens who lost work and earnings (wage, salary) as suitable is considered the work which corresponds to their education, profession (specialty), worker's qualification and is in the same region where he lives. The salary shall correspond to the level which the person had on the previous work taking into account average level which formed in the field of the respective branch during the last month. The citizen's labor experience on the specialty, his prior activities, age, experience, position on the job, duration of unemployment period shall be taken into consideration when the suitable job is offered to him/her.
The citizens shall have the right to job placement and choice of working place by applying to the enterprise, establishment, organization, individual country (farmer) business and to other employer or by free of charge promotion of the state employment service. The foreigners and stateless persons, except the ones employed in correspondence with products distribution agreement, who arrived to Ukraine for a fixed term shall have the right to working activity only on condition they have employment permit issued by the state employment service of Ukraine, if other is not stipulated by international agreements of Ukraine. In Ukraine job placement of the foreigners, hired by the investor within the limits and for the posts (specialty) determined by the products distribution agreement shall be conducted without the employment permit.
The state employment service is created with the purpose to realize state employment policy, professional orientation, training and retraining, employment and social promotion of the citizens who are temporary not working in the procedure determined by the Cabinet of Ministers of Ukraine. Its activity is carried out under the management of the Ukrainian Ministry of Labor and social policy, local state administrations and bodies of local self-government. The services connected with ensuring of population employment are provided by the state service free of charge.
In order to provide temporary employment of population local state administrations, executive bodies of respective councils with participation of state employment service shall organize paid public works on enterprises, in establishments, organizations and communal establishments and by agreements - on other enterprises, establishments and organizations. A fixed-term labor agreement shall be concluded with the persons who want to participate in public works. The agreement shall be concluded with the right to its prolongation with consent of parties until the question of their placement to suitable job is solved. The prior right to conclude agreements shall have the citizens registered as unemployed.
The state creates conditions for the unemployed people to renew their working activity and ensures them the following types of compensation:
- provision of special guarantees to the workers dismissed from the enterprises, establishments, organizations;
- payment of material aid in the period of professional training, retraining or qualification increasing;
- payment of unemployment aid, material unemployment aid in a set procedure;
- ensuring additional material aid to the unemployed citizen and members of his/her family taking into consideration elderly people and the minors who are dependant on him/her.
In case of job loss agreement may be concluded between the citizens and the state insurance bodies. The procedure, periodicity and conditions of insurance are determined by the Ukrainian legislation. The citizens who concluded such agreements shall not lose the right to unemployment aid or material aid in the period of professional training or retraining.