Law of Ukraine
“On Professional Development of Employees”
Date of entry into force:
February 5, 2012
The Law determines the legal, organizational and financial foundations for the work of the system for professional development of employees.
Article 1 of the Law provides definitions of terms used in it. For example, professional training of employees is a process of goal-oriented imparting of employees with special knowledge and developing the necessary skills and abilities that allow increasing work productivity, carry out functional duties at the highest level of quality, and master new professions; it includes basic professional training, retraining and advanced training of employees, as per the needs of production.
Article 3 of the Law envisages that state management in the sphere of professional development of employees is carried out by the central executive authority in the sphere of social policy, the central executive authority in the sphere of education, science, youth and sports, and other central and local executive authorities as per the scope of their authority. Direct management in the sphere of professional development of employees is carried out by employers, through organizing professional education of employees and their certification.
According to Article 4 of the Law, the main work directions of employers in the sphere of professional development of employees are:
- developing current and prospective plans for professional training of employees;
- determining the types, forms and methods of professional training of employees;
- developing and implementing working education plans and programs for professional training of employees;
- organizing professional training of employees;
- selecting teaching staff and specialists to carry out professional training of employees on the job;
- maintaining primary and statistical accounting of the number of employees, particularly those that underwent professional training;
- stimulating professional growth of employees;
- ensuring advanced training of employees, on the job or in educational institutions, at least once per 5 years;
- determining the frequency of employee certification, and organizing for it;
- analyzing the certification results, and carrying out measures to increase the professional level of employees.
Article 5 of the Law envisages that trade unions and their associations, as well as employer organizations and their associations:
- take part in creation and implementation of state policy in the sphere of professional development of employees, and in implementation of measures envisaged by collective agreements;
- carry out community control over adherence to the requirements of normative legal acts in the sphere of professional development of employees;
- together with state authorities, participate in monitoring of the labor market and forecasting its development, and in creation of governmental orders for training of specialists.
According to Article 6 of the Law, professional training of employees is organized by employers, with regard to the needs of their own business or other activity, and according to the requirements of the legislation. Professional training of employees is carried out on the job, or, under a contract, in vocational and higher educational institutions, companies, institutions and organizations. An employer may create a separate division in the issues of professional training of employees or charge specific specialists with organizing such training. Professional training of employees is organized according to the procedure determined by the central executive authority in the sphere of social policy, by approval with the central executive authority in the sphere of education, science, youth and sports, other interested central executive authorities, national associations of trade unions, and national associations of employee organizations. Employees can carry out formal and informal professional training of employees. For blue-collar professions, formal professional training includes basic vocational training, retraining and advanced training, and can be conducted on the job or organized, under a contract, in vocational educational institutions, companies, institutions or organizations; for employees that, according to the profession classification, are categorized as managers, professionals and specialists, retraining, practical training, specialized training and advanced training can be organized in higher educational institutions, under a contract. Based on the results of formal professional training, an employee is issued an education certificate according to the established form. Informal professional training of employees is carried out by their consent, on the job, according to the decision of the employer and at the employer’s expense, with regard to the needs of its own business or other activity.
Professional training of employees can be carried out as full-time, evening (shift), on-site and off-site, remote, external, on-the-job or off-the-job training, as well as according to individual training plans (Article 7 of the Law). Professional training for employees of blue-collar professions is provided for by means of:
- course-based training, which entails creation of training groups and is carried out in training classes (laboratories);
- individual training, which entails on the job training under supervisions of qualified industrial training instructors.
The terms of methodical and staff support of professional training of employees are determined in Articles 8 and 9 of the Law.
The amount of compensation for persons involved in professional training of employees is determined in the education services agreement, and cannot be lower than the hourly rate of education employees in all branches of the economy. If training employees in groups of 5 and more, industrial training instructors may be relieved of their main work, while retaining their workplace (position) and average wage (Article 10 of the Law).
According to Article 11 of the Law, employers can carry out employee certification. Employee categories subject to certification and the frequency of certification are determined by the collective agreement. In companies, institutions and organizations where collective agreements are not concluded, employee categories subject to certification, and the certification terms and schedules are determined by the employer, by approval with the elective body of the primary trade union organization. Certification is held by resolution of the employer, which approves the provision on certification, the certification commission, and the certification schedule. Information about certification is communicated to employees at least 2 months before it is held.
According to Article 12 of the Law, the following are not subject to certification:
- employees working in their job for less than one year;
- pregnant women;
- persons taking care of children under 3 or disabled children;
- single parents with children under 14;
- part-time employees.
To organize for confirming the results of informal professional training, centers for acknowledging results of information professional training are created with the state employment service (Article 14 of the Law).
According to Article 15 of the Law, professional training of employees is financed by the employer, at the expense of own funds and other sources not prohibited by the legislation. At the employee’s discretion, their professional training can be carried out at their expense or at the expense of other natural persons or legal entities.