The Labor Code of Ukraine

The Labour Code of Ukraine defines the legal bases and guarantees for Ukrainian citizens to exercise the right to dispose of their abilities for productive and creative work.

Section I
GENERAL PROVISIONS

Article 1. The task of the Labour Code of Ukraine

The Labour Code of Ukraine regulates labour relations of all employees, contributing to the growth of labour productivity, improving the quality of work, improving efficiency of social production and raising on this basis material and cultural standard of living of workers, strengthening labour discipline and gradually transforming labour for the benefit of society into the first vital need of every able-bodied person.

Labour legislation establishes a high level of working conditions and every kind of protection of employees ' labour rights.

Article 2. Basic labour rights of employees

The right of Ukrainian citizens to work – that is, to receive work with a salary not lower than the minimum amount established by the state – including the right to freely choose a profession, occupation and work is ensured by the state. The state creates conditions for effective employment of the population, promotes employment, training and professional development, and, if necessary, provides retraining of persons released as a result of transition to a market economy.

Employees exercise the right to work by concluding an employment contract on the work at an enterprise, institution, organisation or with an individual. Employees have the right to rest in accordance with the laws on restrictions of working day and working week and on annual paid leave, the right to healthy and safe working conditions, to join trade unions and to resolve collective labour conflicts (disputes) in accordance with the procedure established by the law, to participate in the management of an enterprise, institution, organisation, to material support in the order of social insurance in old age, as well as in the case of illness or rehabilitation, complete or partial disability, to material assistance in case of unemployment, to the right to apply to the court to resolve labour disputes regardless of the nature of the work performed or position held, except in cases provided for by the legislation, and other rights established by the legislation.

Article 2-1. Equality of labour rights of Ukrainian citizens

Any discrimination in the sphere of work is prohibited, in particular violation of the principle of equality of rights and opportunities, direct or indirect restriction of rights of employees depending on race, skin color, political, religious and other beliefs, gender, gender identity, sexual orientation, ethnic, social and foreign origin, age, health status, disability, suspicion or presence of HIV/AIDS, family and property status, family responsibilities, place of residence, membership in a trades union or other citizens' association, participation in a strike, appeal or intention to apply to a court or other authorities to protect their rights or provide support to other employees in protection of their rights, notification of possible facts of corruption or corruption-related offenses, other violations of the Law of Ukraine "On Prevention of Corruption", as well as assistance to a person in the implementation of such notification, on language or other grounds not related to the nature of work or conditions of its performance.

Article 3. Regulation of labour relations

Labour legislation regulates labour relations of employees of all enterprises, institutions, organisations regardless of the form of ownership, type of activity and industry affiliation, as well as persons who work under an employment contract with individuals.

Particularities of labour of members of cooperatives and their associations, collective agricultural enterprises, farms, employees of enterprises with foreign investment are determined by the legislation and their charters. At the same time, guarantees for employment, labour protection, labour of women, youth, and persons with disabilities are provided in accordance with the procedure provided for by the labour legislation.

Article 4. Legislation on labour

Legislation on labour consists of the Labour Code of Ukraine and other acts of the legislation of Ukraine adopted in accordance with it.

Article 5-1. Guarantees of ensuring the right of citizens to work

The state guarantees to able-bodied citizens permanently residing on the territory of Ukraine:

free choice of the type of activity;

free assistance by state employment services in the selection of suitable work and employment in accordance with vocation, abilities, professional training, education, taking into account social needs;

provision by enterprises, institutions, organisations in accordance with their previously submitted applications of work in the speciality to graduates of state higher educational, professional educational institutions;

free training of unemployed people in new professions, retraining in educational institutions or in the state employment service system with the payment of scholarships;

compensation in accordance with the legislation of material costs in connection with the work assignment to another locality;

legal protection against unjustified refusal of employment and illegal dismissal, as well as assistance in maintaining employment.

Article 7. Particularities of labour regulation of certain categories of employees

Particularities of regulation the work of persons who work in areas with special natural geographical and geological conditions and conditions of increased risk to health, temporary and seasonal workers, as well as employees who work for individuals under employment contracts, additional (except provided for in Articles 37 and 41 of this Code) grounds for termination of the employment contract for certain categories of employees under certain conditions (violation of the established rules of employment, etc.) are established by the legislation.

Article 8. Regulation of labour relations of citizens who work outside their states

Labour relations of citizens of Ukraine who work abroad, as well as labour relations of foreign citizens who work at enterprises, institutions, organisations of Ukraine, are regulated in accordance with the Law of Ukraine "On Private International Law".

Article 8-1. Correlation between international labour agreements and Ukrainian legislation

If an international contract or international agreement in which Ukraine participates establishes rules other than those contained in the legislation of Ukraine on labour, then the rules of the international contract or international agreement are applied.

Article 9. Invalidity of conditions of labour contract that worsen the situation of employees

Conditions of labour contracts that worsen the position of employees in comparison with the labour legislation of Ukraine are invalid.

Article 9-1. Additional, in comparison with the legislation, labour and social benefits

Enterprises, institutions, organisations within the limits of their powers and at their own expense can establish additional, in comparison with the legislation, labour and social benefits for employees.

The enterprise may financially reward employees of medical, children's, cultural and educational, educational and sports institutions, catering organisations and organisations that serve the labour collective and are not part of it.

Chapter II
COLLECTIVE CONTRACT

Article 10. Collective contract

A collective contract is concluded on the basis of the current legislation, obligations adopted by parties in order to regulate industrial, labour and socio-economic relations and reconcile interests of workers, owners and their authorised bodies.

Article 11. Sphere of conclusion of collective contracts

A collective contract is concluded at enterprises, institutions, organisations regardless of the form of ownership and management which use hired labour and have the rights of a legal entity.

A collective contract may be concluded in structural divisions of an enterprise, institution, organisation within the competence of these divisions.

Article 12. Parties to the collective contract

A collective contract is concluded between the owner or a body (person) authorised by him/her, on the one hand, and the primary trade union organisation, which act in accordance with their charters, and in case of their absence, with the help of their representatives that are freely elected at a general meeting of employees or bodies authorised by them, on the other hand.

If several trade union organisations have been created at an enterprise, institution, the organisation they should, on the basis of proportional representation (according to the number of members of each primary trade union organisation), form a joint representative body to conclude a collective contract. In this case, each primary trade union organisation should decide on its specific obligations regarding their fulfilment under the collective contract and responsibility for their failure. A primary trade union organisation that refuses to participate in a joint representative body is deprived of the right to represent interests of workers when signing the collective contract.

Article 13. The content of collective contract

The content of collective contract is determined by the parties within their competence.

Mutual obligations of the parties to regulate production, labour, socio-economic relations are established in the collective contract, in particular:

changes in organisation of production and labour;

ensuring productive employment;

rationing and remuneration of labour, establishment of forms, systems, amounts of wages and other types of labor payments (additional payments, allowances, bonuses, etc.);

establishment of guarantees, compensations, benefits;

participation of the labour collective in formation, distribution and use of profits of an enterprise, institution, organisation (if so provided by the charter);

working regime, duration of working hours and rest;

conditions and labour protection;

provision of housing, cultural, medical service, organisation of health improvement and recreation for employees;

guarantees of the activity of trade union or other representative organisations of workers;

conditions for salary fund regulation and establishment of qualifying (functionary) ratios in remuneration;

ensuring equal rights and opportunities for women and men.

The collective contract may include additional, in comparison with the current legislation and agreements, guarantees, social benefits.

Article 14. Collective negotiations, development and conclusion of a collective contract, responsibility for its implementation

Collective negotiations precedes the conclusion of a collective contract.

Periods, procedure for negotiating, resolving disagreements that arise during their conduct, the procedure for developing, concluding and introducing amendments and additions to a collective contract, responsibility for its implementation are regulated by Law of Ukraine "On Collective Contracts and Agreements".

Article 15. Registration of a collective contract

Collective contracts are subject to notification registration by local executive authorities or local self-government bodies.

The procedure for registering collective contracts is determined by the Cabinet of Ministers of Ukraine.

Article 16. Invalidity of conditions of a collective contract

Conditions of a collective contract that worsen, in comparison with the current legislation and agreements, the situation of employees are invalid.

Article 17. The period of validity of a collective contract

The collective contract comes into force from the day of its signing by representatives of the parties or from the day specified in it.

After the end of validity period, the collective contract continues to have effect until the parties conclude a new one or reconsider the current one, unless otherwise provided by the contract.

The collective contract remains in force in case of change in the composition, structure, name of the body authorised by the owner, on behalf of which this contract was concluded.

In case of reorganisation of an enterprise, institution, organisation, the collective contract remains in force for the period for which it was concluded or may be reviewed by agreement of the parties.

In case of change of ownership, the collective contract remains in effect during the period of its validity, but not more than one year. During this period, the parties should begin negotiations about conclusion of a new collective contract or amendment or addition to the existing one.

In case of liquidation of an enterprise, institution, organisation, the collective agreement is valid for the entire period of liquidation.

At a newly created enterprise, institution, organisation, a collective contract is concluded on the initiative of one of the parties within three months after registration of the enterprise, institution, organisation, if registration is provided for by the legislation, or after the decision on the establishment of an enterprise, institution, organisation, if their registration is not provided.

Article 18. Dissemination of the collective contract to all employees

Provisions of the collective contract apply to all employees of an enterprise, institution, organisation, regardless of whether they are members of a trade union and they are mandatory both for the owner or his authorised body and for employees of the enterprise, institution, organisation.

Article 19. Control over implementation of the collective contract

Control over implementation of the collective contract is carried out by the parties which directly have concluded it in the manner determined by this collective contract.

If the owner or the body (person) that is authorised by him has violated the conditions of the collective contract, the trade unions that concluded it has the right to send to the owner or to the body (person) that is authorised by the owner a submission to eliminate these violations which should be considered within a week. In case of refusal to eliminate violations or failure to reach agreement within the specified period, trade unions have the right to appeal against illegal actions or inaction of officials in court.

Article 20. Reports on the implementation of the collective contract

The parties that have signed the collective contract, annually, within the periods provided for by the collective contract, report on its implementation.

Chapter III
THE EMPLOYMENT CONTRACT

Article 21. The employment contract 

An employment contract is an agreement between an employee and the owner of an enterprise, institution, organisation or a body that is authorised by him or an individual, according to which the employee undertakes to perform the work specified in this agreement, and the owner of an enterprise, institution, organisation or a body that is authorised by him or an individual undertakes to pay salaries to the employee and provide working conditions necessary for the performance of work, provided for by the labour legislation, the collective contract and the agreement of the parties.

An employee has the right to realise his abilities for productive and creative work by concluding an employment contract at one or at the same time at several enterprises, institutions, organisations, unless otherwise provided by the legislation, the collective contract or the agreement of the parties.

A special form of an employment contract is a contract in which the period of its validity, the rights, obligations and responsibilities of the parties (including material), the conditions of material support and the organisation of an employee's work, the conditions of termination of the contract, including early termination, may be established by agreement of the parties. The scope of application of the contract is determined by the laws of Ukraine.

Article 22. Guarantees when concluding, changing and termination of an employment contract

Unreasonable refusal to hire is prohibited.

According to the Constitution of Ukraine, any direct or indirect restriction of rights or the establishment of direct or indirect advantages when concluding, changing and termination of an employment contract depending on origin, social and property status, race and nationality, gender, language, political views, religious beliefs, membership in a trade union or other association of citizens, occupation, place of residence is not allowed.

Requirements regarding the age, level of education, health status of the employee may be established by the legislation of Ukraine.

Article 23. Periods of an employment contract

An employment contract may be:

1) indefinite, which is concluded for an indefinite period;

2) for a certain period, established by agreement of the parties;

3) concluded for the duration of a certain work.

A fixed-term employment contract is concluded in cases where labour relations cannot be established for an indefinite period, taking into account the nature of work ahead or conditions for its performance or interests of the employee and in other cases provided for by legislative acts.

Article 24. Conclusion of an employment contract

An employment contract is usually concluded in written form. Compliance with the written form is mandatory:

1) when there is an organised recruitment of employees;

2) when concluding an employment contract for the work in areas with special natural geographic and geological conditions and conditions of an increased risk to health;

3) when concluding a contract;

4) in cases where the employee insists on the conclusion of an employment contract in written form;

5) when concluding an employment contract with a minor (Article 187 of this Code);

6) when concluding an employment contract with an individual;

6-1) when concluding an employment contract of remote work or home work;

7) in other cases provided for by the legislation of Ukraine.

When concluding an employment contract, a citizen is obliged to present a passport or other identity document, work record book and in cases provided for by the legislation – also a document on education (speciality, qualification), on state of health, a relevant military and registration document and other documents.

An employee cannot be allowed to work without concluding an employment contract, formalised by an order or command of the owner or his authorised body and notification of the central executive authority in charge of shaping and implementing the state policy on the administration of a single contribution for mandatory state social insurance about hiring an employee in the manner established by the Cabinet of Ministers of Ukraine.

To a person who is invited to work in the way of transfer from another enterprise, institution, organisation by agreement between the heads of enterprises, institutions, organisations cannot be denied to conclude an employment contract.

It is forbidden to conclude an employment contract with a citizen for whom, according to a medical report, the proposed work is contraindicated for health reasons.

Article 25. Prohibition to require certain information and documents when concluding an employment contract

When concluding an employment contract, it is prohibited to require from persons who apply for work information about their party and nationality affiliation, origin, registration of place of residence or stay and documents, the submission of which is not provided for by the legislation.

Article 25-1. Restriction of joint work for relatives at an enterprise, institution, organisation

The owner has the right to impose restrictions on joint work at the same enterprise, institution, organisation for persons who are close relatives or in-law relatives (parents, spouses, brothers, sisters, children, as well as parents, brothers, sisters and children of spouses), if in connection with the performance of labour duties, they are directly subordinate or controlled by each other.

At enterprises, institutions, organisations of state ownership, the procedure for imposing such restrictions is established by the legislation.

Article 26. Probation when entering employment

When concluding an employment contract, the parties may agree on a probation to verify the employee's compliance with the work entrusted to him. Condition of probation should be specified in the order (command) for employment.

During the probation, employees are governed by the labour legislation.

Probation period is not established in case of employment of persons: under eighteen years old; young employees upon graduation from vocational educational institutions; young specialists upon graduation from higher educational institutions; persons who are retired from active military (or alternative (non-military) service; persons with disabilities who are sent to work in accordance with the recommendation of medical and social expertise; persons who were elected for the position; winners of the competitive selection for filling a vacant position; persons who have undergone full-time internship when entering employment; pregnant women; single mothers with a child under age of 14 or a child with disability; persons with whom a fixed-term employment contract is concluded for up to 12 months; persons for temporary and seasonal work; for persons who are internally displaced. Probation shall not be established also in case of employment in other locality and in case of transfer to work at other enterprise, in institution or organisation, as well as in other cases as prescribed by legislation.

Article 27. Probation period when entering employment

The probation period when applying for a job, unless otherwise established by the legislation of Ukraine, cannot exceed three months and in some cases, in consultation with the relevant elected body of the primary trade union organisation – six months.

Probation period, when entering employment of workers, may not exceed one month.

Probation period does not include the days when the employee did not actually work, regardless of the reason.

Article 28. Results of probation when entering employment

If the probation period has expired and the employee continues to work then he is considered to have passed the probation and the subsequent termination of the employment contract is allowed only on a general basis.

In case the owner or his authorised body found a discrepancy of the employee with the position for which he was hired, or work that he performed, he has the right to dismiss such an employee during the probation period, having warned him about it three days in advance in written form. Termination of an employment contract on these grounds may be appealed by the employee in the manner established for the consideration of labour disputes on dismissal issues.

Article 29. The obligation of the owner or a body authorised by him before the start of an employee's work under the employment contract

Before an employee starts working under the concluded employment contract (except for the employment contract on remote work), the owner or his authorised body is obliged to:

1) explain to the employee his rights and obligations and inform against receipt of working conditions, presence in the workplace where he will work hazardous and harmful production factors that have not yet been eliminated and the possible consequences of their impact on health, his rights to benefits and compensations for work in such conditions in accordance with the legislation and collective contract;

2) familiarise the employee with the internal labour regulations and collective contract;

3) determine a workplace for the employee, provide it with the means necessary for work;

4) instruct the employee on safety, industrial sanitation, occupational health and fire protection.

When concluding an employment contract on remote work, the owner or the body authorised by him should ensure compliance with clause 2 of part one of this Article and also provide the employee with recommendations for working with equipment and tools that the owner or his authorised body provides the employee to perform a certain amount of work. Familiarisation can take place in the form of distance instruction or through training in safe working methods on a specific technical equipment. An employment contract, by agreement of the parties, may provide for additional labour safety conditions.

Familiarisation of employees with orders (commands), messages, other documents of the owner or the body authorised by him regarding their rights and obligations is allowed using the means of electronic communication specified in the employment contract. In that case, the fact of exchange, between the owner or his authorised body and the employee, of the corresponding electronic documents is considered to be a confirmation of familiarisation.

Article 30. Obligation of the employee to personally perform the work entrusted to him

An employee should carry out the work entrusted to him personally and has no right to delegate its performance to another person, except in cases provided for by the legislation.

Article 31. It is forbidden to demand the performance of work that is not conditioned of the employment contract

The owner or his authorised body has no right to demand from the employee to perform work that is not conditioned in the employment contract.

Article 32. Transfer to another job. Change of significant working conditions

Transfer to another job at the same enterprise, institution, organisation, as well as transfer for a job at another enterprise, institution, organisation or to another locality, at least together with an enterprise, institution, the organisation is allowed only with the consent of an employee, except for cases provided for in Article 33 of this Code and in other cases provided for by the legislation.

The movement of an employee inside the same enterprise, institution, organisation to another workplace, to another structural unit in the same locality, assignment for work at another mechanism or aggregate within the speciality, qualification or position that is conditioned by the employment contract, is not considered to be a transfer to another job and does not require the employee's consent. The owner or the authorised body does not have the right to transfer an employee to work that is contraindicated to him for health reasons.

In connection with changes in the organisation of production and labour, it is allowed to change significant working conditions while continuing to work in the same speciality, qualification or position. On changes in significant working conditions – systems and amounts of remuneration, benefits, working regime, establishment or cancellation of part-time work, combining of professions, changing the ranks and titles of positions and others – an employee should be notified not later than two months in advance.

If the past significant working conditions cannot be preserved, and an employee does not agree to continue working in the new conditions, then the employment contract is terminated under clause 6 of Article 36 of this Code.

The transfer of prosecutors takes place taking into account specifics determined by the law, which regulates their status.

An employee who reported about possible facts of corruption or corruption-related offenses, about other violations of the Law of Ukraine "On the Prevention of Corruption" committed by another person, cannot be fired or forced to leave, be prosecuted to disciplinary action in connection with such message or be subjected to other negative measures of influence, or threat of such measures of influence. Detectors of corruption also enjoy other rights and guarantees of protection established by the Law of Ukraine "On Prevention of Corruption".

Article 33. Temporary transfer of an employee to another job, not conditioned by the employment contract

Temporary transfer of an employee to another job, not conditioned by the employment contract is allowed only by his/her consent.

The owner or body authorised by him/her shall be entitled to transfer the employee to another job not stipulated by labour agreement for the period of up to one month without his/her consent, if it is not against medical advice for health reasons, solely for the purpose of prevention or liquidation of consequences of natural disaster, epidemics, epizootics, industrial accidents, as well as other circumstances which endanger or may endanger life or normal living conditions of people, with remuneration of labour for performed work, however not lower than average salary at the previous job.

In cases mentioned in part two of this Article, temporary transfer to another job is prohibited for pregnant women, women with a child with a disability or a child under the age of six, as well as persons under the age of eighteen without their consent.

Article 34. Temporary transfer to another job in case of downtime

Downtime is a stoppage of work caused by the lack of organisational or technical conditions necessary to perform the work, inevitable force or other circumstances.

In case of downtime, employees may be transferred with their consent, taking into account their speciality and qualifications, to another job at the same enterprise, institution, organisation for the whole time of downtime or to another enterprise, institution, organisation but in the same locality for a period of up to one month.

Article 36. The grounds for terminating an employment contract

The grounds for terminating an employment contract are:

1) agreement of the parties;

2) expiration of the validity period (clauses 2 and 3 of Article 23), except for cases when the employment relationship actually continues and none of the parties asks for their termination;

3) conscription or enrolment of an employee or owner – an individual to military service, assignment to alternative (non-military) service, except for cases when the employee retains a place of work, a position in accordance with the part three of Article 119 of this Code;

4) termination of an employment contract at the initiative of an employee (Articles 38, 39), at the initiative of the owner or a body authorised by him/her (Articles 40, 41) or at the request of a trade union or other body authorised for representation by the labour collective (Article 45);

5) transfer of an employee, with his consent, to another enterprise, institution, organisation or transfer to an elective position;

6) an employee's refusal to transfer to work in another locality together with the enterprise, institution, organisation, as well as refusal to continue work in connection with a change in significant working conditions;

7) entry into force of a court sentence by which the employee was sentenced (except in cases of release from serving a probation sentence) to imprisonment or to another punishment that excludes the possibility of continuing this work;

7-1) concluding an employment contract, contrary to the requirements of the Law of Ukraine "On Prevention of Corruption", established for persons who resigned or otherwise terminated activities related to performance of functions of the state or local government, within a year from the date of termination;

7-2) on the grounds provided for by Law of Ukraine "On Lustration";

7-3) entry into legal force of a court decision on recognizing assets as unjustified and their collection in favour of the state in relation to a person authorized to perform functions of the state or local self-government, in the cases provided for in Article 290 of the Civil Procedure Code of Ukraine;

8) grounds provided for in the contract;

9) grounds provided for by other laws.

In the cases provided for in clauses 7, 7-1 and 7-3 of part one of this Article, a person is subject to dismissal from a position within three days from the date of receipt by the state authority, local government, enterprise, institution, organization of a copy of the relevant court decision, which entered into legal force, and in the case provided for in clause 7-2, a person is subject to dismissal from a position in the manner determined by the Law of Ukraine "On Lustration".

The change of subordination of an enterprise, institution, organization does not terminate the employment contract.

In case of change of the owner of enterprise, as well as in case of its reorganization (merger, acquisition, division, branching off, transformation) operation of the employment contract of the employee continues. Termination of an employment contract at the initiative of the owner or his authorized body is possible only in case of reduction of the number or staff of employees (clause 1, part one of Article 40).

Article 38. Termination of an employment contract concluded for an indefinite period at the initiative of an employee

An employee shall be entitled to terminate labour agreement concluded for indefinite period having notified the owner or body authorised by him/her thereon in writing no later than two weeks before. In case the employee's letter of resignation was caused by impossibility to continue working (movement to new place of residence; transfer of spouse to job in other locality; entry to educational institution; impossibility to live in this locality proven by medical opinion; pregnancy; care of child until it reaches fourteen years old, or of disabled child; care of ill family member according to medical opinion, or of 1st group disabled; retirement; competitive employment, as well as for other good reasons), the owner or body authorised by him/her shall terminate labour agreement within the period requested by the employee.

If upon completion of dismissal notice period, the employee failed to leave job and demands no termination of labour agreement, the owner or a body authorized by him/her shall not be entitled to dismiss him/her on the ground of previously filed application, except for the cases when other employee is invited for his/her position, who according to legislation may not be refused in entering into employment contract.

The employee shall be entitled within the period determined by him/her to terminate labour agreement at his/her own free will, if the owner or a body authorized by him/her fails to observe labour legislation, provisions of collective or labour agreement.

Article 39. Termination of a fixed-term employment contract at the initiative of an employee

Fixed-term employment contract (clauses 2 and 3 of Article 23) is subject to early termination at the request of an employee in case of his illness or disability which prevent the performance of work under the contract, violation by the owner or his authorized body of the labor legislation, collective or employment contract and in the cases provided for in the first part of Article 38 of this Code.

Disputes on early termination of labour agreement shall be settled in accordance with the procedure established for consideration of labour disputes.

Article 39-1. Continuation of a fixed-term employment contract for an indefinite period

If after the expiration of the employment contract (clauses 2 and 3 of Article 23) the employment relationship actually continues and neither of the parties requires their termination, the validity of this contract is deemed to be extended for an indefinite period.

Employment contracts that have been renegotiated one or more times, except for the cases provided for in the part two of Article 23, are considered to be concluded for an indefinite period.

Article 40. Termination of an employment contract at the initiative of the owner or his authorized body

An employment contract concluded for an indefinite period, as well as a fixed-term employment contract before expiration of its validity period, may be terminated by the owner or his authorized body only in the following cases:

1) changes in organization of production and labour, including liquidation, reorganization, bankruptcy or re-profiling of an enterprise, institution, organization, reduction of the number or staff of employees;

2) revealed discrepancy of an employee with the position held or work performed due to insufficient qualification or health conditions that prevent the continuation of this work and also in case of refusal to grant admission to state secrets or cancellation of admission to state secrets, if the performance of the duties entrusted to him requires access to state secrets;

3) systematic failure of an employee to fulfil his obligations without good reason, entrusted to him by the employment contract or the rules of the internal labour schedule, if disciplinary or social penalties were previously applied to the employee;

4) truancy (including absence from work for more than three hours during the working day) without good reason;

5) non-appearance for work for more than four months in a row due to temporary disability, not counting maternity leave, unless the legislation establishes a longer period of retention of the place of work (position) in case of a certain disease. For employees who have lost their ability to work due to work injury or occupational disease, the place of work (position) is retained until the restoration of working ability or establishment of disability;

6) reinstatement of an employee who previously performed this work;

7) appearance at work in a state of intoxication, in a state of narcotic or toxic intoxication;

8) committing theft (including minor) of the owner's property at the place of work, established by a court verdict that has entered into legal force, or by an order of a body in whose competence includes the imposition of an administrative penalty or application of measures of social pressure;

10) conscription or mobilization of the owner – an individual during a special period;

11) establishing the discrepancy of an employee to position to which he was hired, or the work performed during the probationary period.

Dismissal on the grounds specified in clauses 1, 2 and 6 of this Article is allowed if it is impossible to transfer an employee with his consent to another job.

Dismissal of an employee at the initiative of the owner or his authorized body during the period of his temporary disability (except for dismissal under clause 5 of this Article), as well as during the employee's vacation, is not allowed. This rule does not apply in case of complete liquidation of the enterprise, institution, organization.

Peculiarities of dismissal of certain categories of employees on the grounds provided for in clause 1, part one of this Article, as well as the peculiarities of applying to them the provisions of part two of this Article, Articles 42, 42-1, the first, the second and the third part of Article 49-2, Article 74, the third part of Article 121 of this Code are established by the law that regulates their status.

Article 41. Additional grounds for termination of an employment contract at the initiative of the owner or his authorized body with certain categories of employees under certain conditions

In addition to the grounds provided for in Article 40 of this Code, an employment contract at the initiative of the owner or his authorized body may also be terminated in the following cases:

1) one-time gross violation of labour duties by the head of an enterprise, institution, organization of all forms of ownership (branch, representative office, office and another separate unit), by his deputies, chief accountant of the enterprise, institution, organization, his deputies, and officials of tax and customs bodies, which have been awarded special ranks, and by officials of central executive authorities implementing the state policy in the field of state financial oversight and price control;

1-1) guilty actions of the head of an enterprise, institution, organization, as a result of which the salary was paid late or in the amounts lower than the amount of the minimum wage established by the law;

2) guilty actions of an employee who directly serves monetary, commodity or cultural values, if these actions give grounds to a loss of confidence in him by the owner or his authorized body;

3) commission of immoral offense by an employee who performs educational functions, which is incompatible with the continuation of this work;

4) being in direct subordination to a close person contrary to the requirements of the Law of Ukraine "On Prevention of Corruption";

4-1) an employee has a real or potential conflict of interest, which is permanent and cannot be resolved in any other way provided for by the Law of Ukraine "On the Prevention of Corruption".

5) termination of the powers of officials.

The owner or his authorized body, at his own initiative, is obliged to terminate the employment contract with the official in case of repeated violation of requirements of the legislation in the field of licensing, regarding issue of permit documents or in the sphere of provision of administrative services provided for in Articles 166-10, 166-12, 188-44 of the Code of Ukraine on Administrative Offenses.

Termination of the contract in the cases provided for in parts one and two of this Article shall be carried out in compliance with the requirements of part three of Article 40, and in cases provided for in clauses 2 and 3 of part one of this Article – also with the requirements of Article 43 of this Code.

Termination of the contract in the case provided for in clause 4 of the first part of this Article shall be carried out if it is impossible to transfer an employee with his consent to another job.

Article 42. Preferential right to remain at work when employees are released due to changes in the organization of production and labour

When the number or staff of employees is reduced due to changes in the organization of production and labour, the preferential right to remain at work is given to employees with higher qualifications and labour productivity.

Under equal conditions of labor productivity and qualifications, preference to remain at work is given to:

1) employees with family responsibilities – if there are two or more dependents;

2) persons in whose family there are no other employees with independent source of income;

3) employees with long-term continuous work experience at a given enterprise, institution, organization;

4) employees who study in higher and secondary specialized educational institutions on the job;

6) authors of inventions, utility models, industrial designs and rationalization proposals;

7) employees who have received a work injury or an occupational disease at this enterprise, institution, organization;

8) persons from among those who were deported from Ukraine, within five years from the time of return to permanent residence to Ukraine;

9) employees from among former servicemen of compulsory military service, military service on conscription during mobilization, for a special period, military service on conscription of persons from among reservists in a special period, military service on conscription of officers and persons who passed alternative (non-military) service – within two years from the date of their dismissal.

10) employees who have less than three years left before reaching retirement age, at which they are entitled to receive pension payments.

Preference to remain at work may also be granted to other categories of employees, if it is provided for by the legislation of Ukraine.

Article 42-1. Preferential right to conclude an employment contract upon returned employment

An employee with whom an employment contract was terminated on the grounds provided for in clause 1 of Article 40 of this Code (except for the case of liquidation of an enterprise, institution, organization), within one year, has the right to conclude an employment contract upon returned employment if the owner or his authorized body recruits employees of similar qualifications.

Preferential right to conclude an employment contract upon returned employment is granted to persons specified in Article 42 of this Code, and in other cases provided for by the collective contract.

Conditions for restoration of social benefits that employees had before dismissal are determined by the collective contract.

Article 43. Termination of an employment contract at the initiative of the owner or his authorized body upon prior consent of the elected body of the primary trade union organization (trade union representative)

Termination of the employment contract on the grounds provided for in clauses 1 (except in the case of liquidation of the enterprise, institution, organization), 2-5, 7 of Article 40 and clauses 2 and 3 of Article 41 of this Code may be carried out only upon prior consent of the elected body (trade union representative) of the primary trade union organization of which the employee is a member, except for cases when termination of the employment contract on the indicated grounds is carried out by the prosecutor, police officer and an employee of the National Police, the Security Service of Ukraine, the State Bureau of Investigation Ukraine , The National Anti-Corruption Bureau of Ukraine or a body that monitors compliance with tax legislation.

In cases provided for by the labor legislation, the elected body of the primary trade union organization, of which the employee is a member, shall consider, within fifteen days, a reasonable written submission from the owner or his authorized body to terminate the employment contract with the employee.

The submission of the owner or his authorized body should be considered in the presence of the employee for whom it was made. Consideration of a submission in the absence of an employee is allowed only upon his written application. At will of an employee, another person can act on his behalf, including a lawyer. If an employee or his representative did not appear at the meeting, consideration of the application would be postponed until the next meeting within the period defined in part two of this Article. In case of second non-appearance of the employee (his representative) without good reason, the submission may be considered in his absence.

If the elected body of the primary trade union organization is not formed, the consent to terminate the employment contract is granted by the trade union representative authorized to represent interests of trade union members in accordance with the statute.

The elected body of the primary trade union organization (trade union representative) informs the owner or his authorized body of the decision taken in written form within three days after its adoption. If this deadline is missed, it is considered that the elected body of the primary trade union organization (trade union representative) has consented to terminate the employment contract.

If an employee is at the same time a member of several primary trade union organizations that operate at the enterprise, institution, organization, the consent to his dismissal is given by the elected body of the primary trade union organization to which the owner or his authorized body applied.

Decision of the elected body of the primary trade union organization (trade union representative) to refuse to give consent to terminate the employment contract should be justified. If the decision contains no justification for refusal to grant consent to terminate the employment contract, the owner or his authorized body has the right to dismiss the employee without consent of the elected body of the primary trade union organization (trade union representative).

The owner or his authorized body has the right to terminate the employment contract not later than one month from the date of receipt of the consent of the elected body of the primary trade union organization (trade union representative).

If termination of the employment contract with an employee is carried out by the owner or his authorized body without going to the elected body of the primary trade union organization (trade union representative), court suspends proceedings on the case, requests consent of the elected body of the primary trade union organization (trade union representative) and after receiving consent or refusal of the elected body of the primary trade union organization (trade union representative) to give consent for dismissal of the employee (part one of this Article) considers the dispute on the merits.

Article 43-1. Termination of an employment contract at the initiative of the owner or his authorized body without the prior consent of the elected body of the primary trade union organization (trade union representative)

Termination of an employment contract at the initiative of the owner or his authorized body without the prior consent of the elected body of the primary trade union organization (trade union representative) is allowed in the following cases:

liquidation of an enterprise, institution, organization;

Results of probation are not satisfactory when entering employment;

dismissal from a combined job in connection with employment of another employee who is not a part-time worker, as well as in connection with restrictions to part-time work provided for by the legislation;

reinstatement of an employee who previously performed this work;

dismissal of an employee who is not a member of the primary trade union organization that operates at the enterprise, institution, organization;

dismissal from an enterprise, institution, organization where there is no primary trade union organization;

dismissal of the head of an enterprise, institution, organization (branch, representative office, office and other separate unit), his deputies, chief accountant of an enterprise, institution, organization, his deputies, as well as employees with the status of civil servants in accordance with the Law of Ukraine "On State Service", executives who are elected, approved or appointed to positions by state bodies, local self-government bodies, as well as public organizations and other associations of citizens;

dismissal of an employee who has committed theft (including minor) of the owner's property at the place of work, established by a court verdict that has entered into legal force, or by an order of a body in whose competence includes the imposition of an administrative penalty or application of measures of social pressure;

conscription or mobilization of the owner – an individual during a special period;

Other cases of termination of an employment contract at the initiative of the owner or his authorized body without consent of the relevant elected body of the primary trade union organization (trade union representative) may also be provided for by the legislation.

Article 44. Severance pay

When an employment contract is terminated on the grounds specified in clause 6 of Article 36 and clauses 1, 2 and 6 of Article 40 of this Code, the employee is paid severance pay in the amount of not less than his average monthly earnings; in the case of conscription or enrolment to military service, assignment to alternative (non-military) service (item 3 of Article 36) – in the amount of two minimum wages; as a result of violation by the owner or a body authorized by him of the labour legislation, a collective or employment contract (Articles 38 and 39) – in the amount provided for under the collective contract, but not less than three months' average earnings; in case of termination of the employment contract on the grounds specified in item 5, first part of the Article 41 – in the amount of not less than six months' average earnings;

Article 45. Termination of an employment contract with the head at the request of the elected body of the primary trade union organization (trade union representative)

At the request of the elected body of the primary trade union organization (trade union representative), the owner or his authorized body should terminate the employment contract with the head of an enterprise, institution, organization, if he violates the legislation on labour, on collective contracts and agreements, the Law of Ukraine "On Trade Unions, Their Rights and Guarantees of Activity".

If the owner or a body authorised by him or the head in respect of whom the requirement for termination of the employment contract has been submitted does not agree with this requirement, he may appeal the decision of the elected body of the primary trade union organization (trade union representative) in court within two weeks from the date of receipt of the decision. In this case, implementation of the requirement to terminate an employment contract is suspended until court makes a decision.

In case when the decision of the elected body of the primary trade union organisation (trade union representative) is not implemented and is not appealed within the specified period, the elected body of the primary trade union organisation (trade union representative) within the same period may appeal in court against activities or inaction of officials, bodies which are competent to terminate an employment contract with the head of an enterprise, institution, organisation.

Article 46. Suspension from work

Suspension of employees from work by the owner or by a body authorised by him is allowed in the following cases: appearing at work in a state of intoxication, in a state of narcotic or toxic intoxication; refusal or evasion of mandatory medical examinations, training, instruction and testing of knowledge on labour protection and fire protection; in other cases provided by the legislation.

Article 47. The obligation of the owner or his authorised body to settle up with the employee and issue him a work record book

The owner or a body authorised by him is obliged on the day of dismissal to issue an employee properly formalised work record book and settle up with him, within the time period specified in Article 116 of this Code.

In case of dismissal of an employee at the initiative of the owner or a body authorised by him/her, he should also issue him a copy of the order of dismissal from work on the day of dismissal. In other cases of dismissal, a copy of the order is issued at the request of an employee.

In the case of conscription of the owner – an individual, for military service on conscription for mobilisation, for a special period, for military service on conscription of persons from among the reservists in a special period such an owner – an individual should fulfil his/her obligations, defined by this Article within a month after dismissal from such military service, without imposing sanctions and fines.

Article 48. Work record books

Work record book is the main document about the employee's labour activity.

Work record books are maintained for all employees who work in an enterprise, institution, organisation or for an individual for more than five days. Work record books are also maintained for freelance workers, on the condition that they are subject to state social insurance, students of higher educational institutions and students of vocational schools who undergo internship at an enterprise, institution, organisation.

For employees who start work for the first time, a work record book is drawn up not later than five days after employment. For students of higher educational institutions and pupils of vocational educational institutions, a work record book is drawn up not later than five days after the start of internship.

The work record book contains information about work, incentives and awards for success in work at an enterprise, institution, organisation; information about penalties is not entered into it.

The procedure for maintaining work record books is determined by the Cabinet of Ministers of Ukraine.

Article 49. Issuance of work and salary statement

The owner or a body authorised by him/her is obliged to issue to an employee, at his request, a statement of his work at the enterprise, institution, organisation, indicating specialty, qualification, position, time of employment and salary.

Chapter III-A
ENSURING EMPLOYMENT OF DISMISSED EMPLOYEES

Article 49-2. The procedure for dismissing employees

Employees are personally warned about the upcoming dismissal not later than two months in advance.

When dismissing employees in cases of changes in the organisation of production and labour, the preferential right to remain at work, provided for by the legislation, is taken into account.

Simultaneously with warning of dismissal in connection with changes in the organisation of production and labour, the owner or his authorised body offers an employee another job at the same enterprise, institution, organisation, except for the cases provided for by this Code. An employee, at his own discretion, applies for help to the state employment service or finds a job independently in case of absence of work on the relevant profession or speciality, as well as in case of an employee's refusal to transfer to another job at the same enterprise, institution, organisation. If dismissal is massive, in accordance with Article 48 of the Law of Ukraine "On Employment of Population", the owner or his authorised body informs the state employment service about planned dismissal of workers.

The requirements of parts one to three of this Article do not apply to employees who are dismissed due to changes in the organisation of production and labour, which are associated with the implementation of mobilisation measures, on a special period.

The State Employment Service informs employees about work in the same or another locality according to their professions, specialities, qualifications, and if they are absent, it selects another job, taking into account individual wishes and social needs. If necessary, a person may be sent, with his consent, for professional retraining or advanced training in accordance with the legislation.

The dismissal of employees who have the status of civil servants in accordance with the Law of Ukraine "On State Service" is carried out in the manner determined by this Article, taking into account the following features:

employees are personally warned not later than 30 calendar days in advance of the upcoming dismissal;

in case of dismissal of employees based on clause 1, part one of Article 40 of this Code, the provisions of part two of Article 40 of this Code and the provisions of part two of this Article shall not apply;

not later than 30 calendar days before the planned dismissals, primary trade union organisations are provided with information on these events, including information on the reasons for dismissals, the number and categories of employees who may be affected, the periods for dismissal, as well as the conduct of consultations with trade unions on measures to prevent or minimise dismissals or mitigate the adverse effects of any dismissals.

Article 49-4. Public employment

Employment in socially useful labour of persons who have terminated their employment on the grounds provided for in this Code is ensured according to the Law of Ukraine "On Employment" if these persons cannot be employed independently.

Liquidation, corporate restructuring, change of ownership, or partial production suspension, resulting in a staff redundancy, deterioration of labour conditions, can be carried out only after the timely provision of trade unions with the information on this issue, including information on the reasons for subsequent terminations, number, and categories of employees who may be affected about the terms of employment termination. The owner or his authorised body shall consult with the trade unions on measures to prevent or minimise employment termination or to mitigate the adverse effects of any employment termination no later than three months after the decision is taken.

Trade unions have the right to make proposals to the relevant authorities to postpone or suspend or cancel measures related to the dismissal of employees.

Chapter IV
WORKING HOURS

Article 50. Working hours standard

The standard working hours of employees may not exceed 40 hours per week.

Enterprises and organisations may set lower working hours standard than provided for in Part 1 of this Article when concluding a collective agreement.

Article 51. Reduced working hours

Reduced working hours shall be established for the following categories:

1) for employees aged 16 to 18 – 36 hours per week, for persons aged 15 to 16 (students aged 14 to 15 working within the period of vacations) – 24 hours per week.

Working hours for students working during the academic year in their free time may not exceed the half of maximum working hours prescribed in Paragraph 1 of this Clause for persons of the respective age;

2) for employees performing works in harmful working conditions – not more than 36 hours per week.

The list of plants, workshops, professions and positions with harmful working conditions engagement wherein gives the right to reduced working hours shall be approved according to the procedure established by legislation.

In addition, legislation prescribes reduced working hours for certain categories of employees (teachers, doctors, etc.).

Reduced working hours may be established at the expense of own funds of enterprises and organisations for women having children under fourteen or a child with disabilities.

Article 52. Five-day and six-day working weeks and length of the working day

A five-day working week with two weekend days is established for employees. In a five-day working week, the duration of daily work (shifts) is determined by the internal labour regulation rules or shift schedules approved by the owner or his authorised body upon confirming with the elected body of the primary trade union organisation (trade union representative) of the enterprise, institution, organisation in compliance with the established working week (Articles 50 and 51).

At those enterprises, institutions, organisations, where a five-day working week is unreasonable due to the nature of production and working conditions, a six-day working week with one weekend day is established. At a six-day working week, the duration of daily work shall not exceed 7 hours at a weekly standard of 40 hours, 6 hours at a weekly standard of 36 hours and 4 hours at a weekly standard of 24 hours.

A five-day or six-day working week is established by the owner or his authorised body together with the elected body of the primary trade union organisation (trade union representative), taking into account the specifics of work, personnel opinion, and upon confirming with the local council.

Article 53. Duration of work on the day before holidays, days off, and weekends

On a day preceding public holidays and days off (Article 73), the working hours of employees other than those specified in Article 51 of this Code shall be reduced by one hour for both five-day and six-day working weeks.

On the day preceding the weekend, the duration of work in a six-day working week shall not exceed 5 hours.

Article 54. Night work duration

At night work, the set duration of work (shifts) is reduced by one hour. This rule does not apply to employees for whom the reduction of working hours is already provided (Clause 2 of Part 1 and Part 3 of Article 51).

The duration of night work is equal to the day work in those cases when it is necessary under the production conditions, in particular, in continuous production, as well as in shift work with a six-day working week with one weekend day.

Night time is considered to be from 10 pm to 6 am.

Article 55. Prohibition of night work

The following groups are prohibited to be involved in work during the night time:

1) pregnant women and women who have children under the age of 3 (Article 176);

2) persons under the age of 18 (Article 192);

3) other categories of employees as provided by applicable law.

Women are not allowed to work at night, except as provided in Article 175 of this Code. Persons with disabilities may be involved in work at night only upon their consent and if this is not in conflict with the medical recommendations for them (Article 172).

Article 56. Part-time work

By the agreement between the employee and the owner or their authorised body, the part-time working day or part-time working week may be established both at hiring and later. At the request of a pregnant woman, woman having a child under fourteen or a child with disabilities, including child she cares of, or woman caring of an ill family member according to the medical conclusion, the owner or their authorised body shall establish a part-time working day or part-time working week for her.

Remuneration of labour in these cases is effected in proportion to hours worked or depending on the output.

Part-time work shall put no limitations of labour rights of employees.

Article 57. Start and end of work

The start and end time of daily work (shifts) is provided by the internal labour regulation rules and shift schedules according to the law.

Article 58. Shift work

During shift work, employees interchange in shifts evenly in the manner prescribed by the internal labour regulation rules.

As a rule, the transition from one shift to another shall usually take place every working week at the hours specified in the shift schedules.

Article 59. Breaks between shifts

The duration of the break between shifts must be not less than the doubled duration of work in the previous shift (including lunch break).

The appointment of an employee for two shifts in a row is prohibited.

Article 60. Flexible working hours

By written agreement between the employee and the owner of the enterprise, institution, organisation, regardless of ownership, or their authorised body, flexible working hours may be established that provides an employee with self-regulation of the start and end of work, working hours during the working day, for a specified period or indefinitely, at the time of hiring or later.

At the time of epidemic and pandemic threats and/or in case of armed aggression threat, man-made, natural or other emergencies, flexible working hours may be established by order of the owner or their authorised body. The employee becomes aware of such an order within two days from the date of its acceptance but before the introduction of flexible working hours. In this case, the provisions of Part 3, Article 32 of this Code shall not apply.

Flexible working hours is a form of labour organisation allowing the establishment of a different work mode than that defined by the internal labour regulation rules, subject to compliance with the established daily, weekly, or other established for a certain accounting period (week, month, quarter, year, etc.) working hours standard.

Flexible working hours include:

1) a fixed time during which the employee must be present at the workplace and perform their duties. In this case splitting a working day can be provided;

2) shift time during which the employee determines the periods of work within the established working hours standard at their discretion;

3) break time for rest and meals.

As a rule, flexible working hours are not used in continuously operating enterprises, institutions, organisations, multi-shift work, as well as in other cases due to the specifics of the activities when the employee's presence is required during working hours clearly defined in the internal labour regulation rules or when such a mode is incompatible with the requirements for safe working conditions.

In case of production and technical necessity and/or performing urgent or unforeseen tasks, the owner of the enterprise, institution, organisation or their authorised body may temporarily (for up to one month during the calendar year) apply the general work mode at the enterprise, institution, or organisation for employees having flexible working hours. In this case, the provisions of Part 3, Article 32 of this Code shall not apply.

In the case of assigning an employee for a business trip, they are subject to the work mode established at the enterprise (institution, organisation) whereto they were assigned.

Flexible working hours can be set as follows:

1) at the request of an employee with acceptable time limits for the work schedule without complying with the requirements for notifying the employee of a change in work mode no later than two months;

2) by the owner or their authorised body in case of production necessity with obligatory notification of the employee about a change of the work mode not later than two months.

The owner of the enterprise, institution, organisation or their authorised body shall make employees aware of the conditions and specifics of flexible working hours at least two months before the introduction of such a mode and ensure work hours recording and effective control over the fullest and most rational use of working time.

The owner of the enterprise, institution, organisation or their authorised body approves the working hours of the employee for whom flexible working hours are established by regulating the fixed time, shift time, and break time for rest and meals of other employees, based on the working hours structure and the established recording period of its duration for each employee.

The introduction of flexible working hours does not entail changes in standardisation, remuneration and does not affect the scope of labour rights of employees.

In case of violating the established flexible working hours, the employee may be transferred to the general work mode without complying with the requirement to notify the employee, in addition to the application of appropriate disciplinary sanctions no later than two months of significant changes in working conditions.

The requirement for the owner or his authorised body to notify the employee of a change in the work mode established by this Article does not apply to the cases provided for in Part 2 of this Article.

Article 60-1. Home-based work

Home-based work is a form of work organisation wherein work is performed by an employee at their place of residence or in other premises designated by them, characterised by the availability of an attached area, technical means (basic production and non-production assets, tools, devices, inventory) or their set necessary for the production of output, provision of services, performance of works or functions provided for in the constitutional documents, but outside the production or working premises of the owner of the enterprise, institution, organisation or their authorised body.

The standard form of a home-based employment contract is approved by the central executive authority in charge of shaping the state policy on labour relations.

In the case of home-based work introduction, the employee's workplace is attached and cannot be changed on the employee's initiative without the consent of the owner or their authorised body in the manner specified in the home-based employment contract. The decision of the owner or their authorised body on default in providing consent to the workplace change at the initiative of the employee shall be justified.

In case of impossibility to perform work at the attached workplace for reasons beyond their control, the employee has the right to change the workplace, provided that they notify the owner or their authorised body at least three working days before such a change in the manner specified in the home-based employment contract. In this case, the provisions of Part 3 of this Article shall not apply.

When performing work under a home-based employment contract, the general work mode of the enterprise, institution, and organisation shall apply to employees unless otherwise provided by the employment contract. In this case, the duration of working hours shall not exceed the rules provided for in Articles 50 and 51 of this Code.

Performing home-based work does not entail changes in standardisation, remuneration and does not affect the scope of labour rights of employees.

Provision of production means, materials, and tools necessary for the employee to perform home-based work is entrusted to the owner or their authorised body unless otherwise provided by the employment contract. The employee, in the case of using their tools, is entitled to compensation according to the provisions of Article 125 of this Code.

At the time of epidemic or pandemic threat, the need for self-isolation of the employee in cases established by law, and/or in case of armed aggression threat, man-made or natural emergency or other emergencies, home-based work may be introduced by order of the owner or their authorised body without concluding a written home-based employment contract. The employee becomes aware of such an order within two days from the date of its acceptance but before the introduction of home-based work. In this case, the provisions of Part 3, Article 32 of this Code shall not apply.

The owner or their authorised body independently decides how to entrust the work to the employee and control its fulfilment, and ensures reliable recording of the work performed.

Home-based work can be introduced only for people who have practical skills to perform certain works or can be trained in such skills.

Pregnant women, employees who have a child under three or care of a child according to a medical conclusion until they reach the age of six, employees who have two or more children under the age of 15 or a child with a disability, parents of a person with a childhood disability of Subgroup A, Group I, as well as persons who have taken care of a child or a person with a childhood disability of Subgroup A, Group I, may work from home, if possible, given the work performed, and the owner of the enterprise, institution, organisation or authorised body has the appropriate resources and means to do so.

Article 60-2. Remote work

Remote work is a form of work organisation wherein work is performed by an employee outside the work premises or the territory of the owner or their authorised body, in any place of the employee's choice and using information and communication technologies.

The standard form of a remote employment contract is approved by the central executive authority in charge of shaping the state policy on labour relations.

The conclusion of a remote employment contract under dangerous and harmful production (technological) factors is prohibited.

In the case of the remote work introduction, the employee independently determines the workplace and is responsible for ensuring safe and harmless working conditions.

Working remotely, the employee splits working time at their own discretion, and the internal labour regulation rules do not apply to them unless otherwise specified in the employment contract. In this case, the total duration of working hours shall not exceed the standards provided for in Articles 50 and 51 of this Code.

As agreed by the employee and the owner of the enterprise, institution, organisation or their authorised body, remote work may be combined with the employee's work at the workplace in the premises or the territory of the owner of the enterprise, institution, organisation or their authorised body. Specifics of combining remote work with work at the workplace in the premises or the territory of the owner of the enterprise, institution, organisation or their authorised body shall be established by the remote employment contract.

The procedure and terms of providing remote employees with the necessary equipment, software and hardware, information security, and other means to perform their duties, the procedure and terms for such employees to submit work completion reports, the amount, procedure and terms of paying the compensation for the use of their own or leased equipment, software and hardware, information security, and other means to the employees, the procedure for reimbursement of other costs associated with the remote work performance shall be determined by the remote employment contract.

When a provision about assisting employees with the necessary equipment, software, hardware, information security, and other means for ensuring their performance is absent in the employment contract, such provision shall be entrusted to the owner or their authorised body arranging the installation and maintenance of appropriate means and also paying the costs associated with it.

An employee who performs remote work is guaranteed a period of free time for rest (disconnection period) wherein the employee may interrupt any information and telecommunication with the owner or their authorised body, and this is not considered a violation of the employment contract or labour discipline. The free time for rest (disconnection period) is defined in the remote employment contract.

An employee may request a temporary, for a period of up to two months, transfer to remote work from the owner of the enterprise, institution, organisation or their authorised body if the acts containing signs of discrimination has been committed towards them at the workplace. In this case, the owner of the enterprise, institution, organisation or their authorised body may refuse to transfer the employee if the remote work is not possible due to the employee's job function, and if the employee did not provide evidence that discrimination, sexual harassment or other forms of violence took place.

At the time of epidemic or pandemic threat, the need for self-isolation of the employee in cases established by law, and/or in case of armed aggression threat, man-made, natural, or other emergencies, remote work may be introduced by order of the owner or their authorised body without concluding a written remote employment contract. The employee becomes aware of such order within two days from the date of its acceptance but before the introduction of remote work. In this case, the provisions of Part 3, Article 32 of this Code shall not apply.

Pregnant women, employees who have a child under three or care for a child according to a medical conclusion until they reach the age of six, employees who have two or more children under the age of 15 or a child with a disability, parents of a person with a childhood disability of Subgroup A, Group I, as well as persons who have taken care of a child or a person with a childhood disability of Subgroup A, Group I, may work remotely, if possible, given the work performed, and the owner of the enterprise, institution, organisation or authorised body has the appropriate resources and means to do so.

Article 61. Summarised working hours recording

At continuously operating enterprises, institutions, organisations, as well as in certain industries, shops, divisions, offices, and some types of work, where the daily or weekly working hours can not be observed for this category of employees due to conditions of production (work), it is allowed to introduce a summarised working hours recording as agreed by the elected body of the primary trade union organisation (trade union representative) of the enterprise, institution, organisation so that the duration of working hours for the accounting period does not exceed the standard number of working hours (Articles 50 and 51).

Article 62. Limitation of overtime work

As a rule, overtime works are not allowed. Overtime work is considered to be work beyond the established working day (Articles 52, 53 and 61).

The owner or their authorised body may use overtime work only in exceptional cases specified by law and in Part 3 of this Article.

The owner or their authorised body may use overtime work only in the following exceptional cases:

1) when carrying out works necessary for the defence of the country, as well as the prevention of public or natural disasters, industrial accidents, and the immediate elimination of their consequences;

2) when carrying out socially beneficial activities in water supply, gas supply, heating, lighting, sewerage, transport, communication to eliminate accidental or unexpected circumstances hindering their proper functioning;

3) when there is a need to complete the work that could not be completed during standard working hours as a result of unforeseen circumstances or accidental delay due to the technical conditions of production, when work termination may lead to damage or loss of state or public property, as well as in case of urgent repair of machines or other equipment when their failure causes suspension of work for a significant number of workers;

4) when the handling operations to prevent or eliminate the downtime of rolling stock or accumulation of goods at points of departure and destination are necessary;

5) to continue work in the absence of an incoming employee when the work does not allow a break; in these cases, the owner or their authorised body must immediately make up for the absence of the incoming employee with another employee.

Article 63. Prohibition of involvement in overtime work

It shall be prohibited to engage the following categories of people in overtime work (Article 62):

1) pregnant women and women having children under three (Article 176);

2) persons under the age of 18 (Article 192);

3) employees studying in general education schools and vocational schools in off-work hours, during school-days (Article 220).

Legislation may also stipulate for other categories of employees who are prohibited to be engaged in overtime work.

Women having children aged three to fourteen or a child with disabilities may be only engaged in overtime work subject to their consent (Article 177).

The engagement of persons with disabilities in overtime work shall be only possible subject to their consent and provided that this complies with medical recommendations (Article 172).

Article 64. The need to obtain permission from the elected body of the primary trade union organisation (trade union representative) of the enterprise, institution, organisation for overtime work

Overtime work may be only carried out with the permission of the elected body of the primary trade union organisation (trade union representative) of the enterprise, institution, organisation.

Article 65. Maximum overtime work standards

Overtime work shall not exceed four hours for each employee for two consecutive days and 120 hours per year.

The owner or their authorised body shall keep records of the overtime work of each employee.

Chapter V
REST TIME

Article 66. Break for rest and meals

Employees are given a break for rest and meals lasting no more than two hours. The break is not included in working hours. As a rule, a break for rest and meals shall be provided four hours after the start of work.

The start and end time of the break is set by the internal labour regulation rules.

Employees use the break time at their discretion. At this time, they may leave the workplace.

In those jobs where a break cannot be established due to the production conditions, the employee shall be allowed to have meals during working hours. The list of such works, the procedure and place for having meals are established by the owner or their authorised body in coordination with the elected body of the primary trade union organisation (trade union representative) of the enterprise, institution, organisation.

Article 67. Weekend

At a five-day working week, employees are given two weekend days per week and one weekend day at a six-day working week.

The usual weekend day is Sunday. The second weekend day in a five-day working week is determined by the schedule of the enterprise, institution, organisation, agreed with the elected body of the primary trade union organisation (trade union representative) of the enterprise, institution, organisation if that is not defined by law, and shall be provided with a usual weekend day in a row.

When a public holiday or day off (Article 73) coincides with a weekend day, the weekend day shall be moved to the day following the public holiday or day off.

To create favourable conditions for the use of holidays and days off (Article 73), as well as the rational use of working hours, the Cabinet of Ministers of Ukraine may recommend the owners of enterprises, institutions, and organisations to move weekends and working days under the conditions established by the legislation for employees having a five-day working week with two weekend days not later than three months before such days.

The owner or their authorised body issues an order on moving the weekend days and working days at the enterprise, institution, or organisation, agreed with the elected body of the primary trade union organisation (trade union representative) in case of applying the recommendation of the Cabinet of Ministers of Ukraine within two months.

Article 68. Weekends at enterprises, institutions, organisations related to public services

At enterprises, institutions, organisations, where work cannot be interrupted on a usual weekend day due to the need to serve the population (shops, consumer services, theatres, museums, etc.), weekend days are set by local councils.

Article 69. Weekends at continuously operating enterprises, institutions, organisations

At enterprises, institutions, organisations whose work cannot be stopped due to production and technical conditions or the need for continuous public service, as well as handling operations related to transport, weekend days shall be provided on different days of the week to each group of employees according to the shift schedule approved by the owner or their authorised body in coordination with the elected body of the primary trade union organisation (trade union representative) of the enterprise, institution, organisation.

Article 70. Uninterrupted weekly rest period

Uninterrupted weekly rest period must be at least forty-two hours.

Article 71. Prohibition of work on weekend. Exceptional procedure for such work

Work on weekend is prohibited. Involvement of individual employees to work on these days is only permitted by the elected body of the primary trade union organisation (trade union representative) of the enterprise, institution, organisation and only in exceptional cases specified by law and in Part 2 of this Article.

Involvement of individual employees to work on weekend is allowed in the following exceptional cases:

1) to prevent or eliminate the consequences of natural disasters, epidemics, epizootics, industrial accidents, and the immediate elimination of their consequences;

2) to prevent accidents that endanger or may endanger the life or normal living conditions of people or cause loss or damage to property;

3) to perform urgent, unforeseen work whose immediate performance further determines the normal operation of the entire enterprise, institution, organisation or their individual units;

4) to perform urgent handling operations to prevent or eliminate the downtime of rolling stock or accumulation of goods at points of departure and destination.

The involvement of employees to work on the weekend is carried out under a written order of the owner or their authorised body.

Article 72. Compensation for work on the weekend

Work on the weekend may be compensated by providing another day off or cash at a double rate with the consent of the parties.

Remuneration on a weekend day is calculated according to the rules of Article 107 of this Code.

Article 73. Holidays and days off

The holidays are set on the following days:

1 January – New Year

7 January and 25 December – Christmas

8 March – International Women's Day

1 May – May Day

May 9 – Victory Day over Nazism in World War II (Victory Day)

28 June – Constitution Day of Ukraine

24 August – Independence Day of Ukraine

14 October – Ukraine Defender Day

The work is also not carried out on religious holidays:

7 January and 25 December – Christmas

one day (Sunday) – Easter

one day (Sunday) – Trinity.

At the request of religious communities of other (non-Orthodox) denominations registered in Ukraine, the management of enterprises, institutions, organisations provide up to three days off during the year to celebrate their major holidays with labour repayment for these days.

On the days specified in Parts 1 and 2 of this Article, works whose termination is impossible due to production and technical conditions (continuously operating enterprises, institutions, organisations) and works caused by the need for public service are allowed. On these days, work with the involvement of employees is allowed in the cases and the manner prescribed by Article 71 of this Code.

Work on these days is compensated according to Article 107 of this Code.

Article 74. Annual leaves

Citizens who are in employment at enterprises, institutions, organisations, regardless of ownership, type of activity and industry affiliation, as well as working under an employment contract with an individual, are granted annual (basic and additional) leave with the retention of their workplace (positions) and salary.

Article 75. Annual basic leave period

annual leave shall be at least 24 calendar days for a full year of work that starts upon the day of concluding the employment contract.

Persons under the age of 18 shall have 31 calendar days of annual leave.

The applicable laws of Ukraine may provide another annual leave period for specific categories of employees. The duration of their leave shall not be shorter than as specified in Part 1 of this Article.

Article 76. Annual additional leaves and their duration

Annual additional leaves are granted to the employees under the following conditions:

1) for work in harmful and difficult working conditions;

2) for the special nature of work;

3) in other cases provided by law.

The annual additional leave period, the conditions and procedure for granting them are established by regulatory acts of Ukraine.

Article 77. Sabbatical

Sabbatical is granted to employees to complete dissertations, write textbooks, and in other cases provided by law.

The duration, procedure, conditions for granting and paying for a sabbatical are established by the Cabinet of Ministers of Ukraine.

Article 77-1. Leave for preparation and participation in competitions

Leave for preparation and participation in competitions is provided to employees who participate in national and international sports competitions.

The duration, procedure, conditions for granting and paying for leave for preparation and participation in competitions are established by the Cabinet of Ministers of Ukraine.

Article 77-2. Additional leave for certain categories of citizens and victims of the Revolution of Dignity

War veterans, victims of the Revolution of Dignity, persons with disabilities as a result of war, whose status is determined by the Law of Ukraine "On the Status of War Veterans, Guarantees of Their Social Protection", persons rehabilitated according to the Law of Ukraine "On Rehabilitation of Victims of Communist Totalitarian Regime of 1917-1991", from those who have been subjected to repression in the form (forms) of the deprivation of liberty (imprisonment) or restriction of liberty or involuntary unjustified placement of a healthy person in a psychiatric institution by the decision of an extra-judicial or other repressive authority, are provided with additional paid leave lasting 14 calendar days a year.

Article 78. Non-inclusion of sick days in annual leave

Sick days of the employee, certified in the prescribed manner, as well as maternity leave, are not included in the annual leave.

Article 78-1. Non-inclusion of holidays and days off when determining the annual leave period

Holidays and days off (Article 73 of this Code) shall not be included in the annual leave period.

Article 79. Procedure and conditions for granting annual leave. Recalling from leave

Annual basic and additional full-time leave in the first year of work is provided to employees after six months of continuous work at the enterprise, institution, organisation.

In the case of granting this leave before the end of the six months of continuous work, its duration is determined in proportion to the time worked, except in cases specified by law, when this full duration leave is granted at the request of the employee.

Annual leave for the second and subsequent years of work may be granted to the employee at any time of the corresponding working year.

The order of granting leave is determined by schedules approved by the owner or their authorised body in agreement with the elected body of the primary trade union organisation (trade union representative) and is communicated to all employees. When drawing up schedules, the interests of production, personal interests of employees and opportunities for their recreation are taken into account.

The specific period of granting annual leave within the established schedule is agreed between the employee and the owner or their authorised body that shall notify the employee of the start date of leave no later than two weeks before the scheduled date in writing.

Splitting annual leave of any duration is allowed at the request of the employee, provided that the main continuous part of it will be at least 14 calendar days.

As a rule, the unused part of the annual leave shall be granted to the employee before the end of the working year but not later than 12 months after the end of the working year for which the leave is granted.

Recalling from annual leave is only allowed with the consent of the employee to prevent natural disasters, industrial accidents or immediate elimination of their consequences, to prevent accidents, downtime, loss or damage to property of enterprises, institutions, organisations according to Part 6 of this Article and in other cases provided by law. In the case of recalling the employee from leave, their work is paid taking into account the amount that was accrued to pay for the unused part of the leave.

Article 80. Annual leave shift

Annual leave shall be shifted to another period at the request of the employee in the following cases:

1) violation of the term of written notification of the employee about the time of granting leave by the owner or their authorised body (Part 5 of Article 79 of this Code);

2) late salary payment by the owner or their authorised body to the employee during the annual leave (Part 3, Article 115 of this Code).

Annual leave shall be shifted or extended in the following cases:

1) temporary incapacity of the employee certified in the prescribed manner;

2) performance of state or public duties by the employee if, according to the legislation, they are subject to dismissal at this time from the main job with the retention of salary;

3) due date of maternity leave;

4) coincidence of annual leave with the study leave.

Annual leave at the initiative of the owner or their authorised body, as an exception, may be only shifted to another period with the written consent of the employee and in agreement with the elected body of the primary trade union organisation (trade union representative) if the early annual leave may have an unfavourable effect on the normal course of the enterprise, institution, organisation, and provided that part of the leave of at least 24 calendar days will be used in the current working year.

In the case of shifting annual leave, a new term of its granting is set by agreement between the employee and the owner or their authorised body. If the reasons for shifting leave to another period occurred during its use, the unused part of annual leave is granted after the expiration of the reasons that interrupted it or shifted to another period by agreement of the parties according to Article 12 of the Law of Ukraine "On Vacations".

It is prohibited not to grant full annual leave for two consecutive years, as well as not to grant it during the working year to persons under eighteen years and employees entitled to additional annual leave for work due to harmful and difficult conditions or special working conditions.

Article 81. The right for annual leave in case of transfer to another workplace

At the request of employees transferred to work from one enterprise, institution, organisation to another enterprise, institution, organisation, who did not use full or partial annual basic leave at the previous place of work and did not receive monetary compensation for it, full annual leave is granted before the beginning of a six-month period of continuous work after the transfer.

If an employee transferred to another enterprise, institution, organisation, did not fully or partially use the annual basic and additional leave and did not receive monetary compensation for them, the length of service that entitles to annual basic and additional leave includes the time that they have not used for leave at their previous workplace.

Article 82. Estimation of service length entitling to annual leave

The length of service entitling to annual basic leave (Article 75 of this Code) includes:

1) time of actual work (including part-time work) during the working year for which the leave is granted;

2) time when the employee did not actually work but, according to the law, the workplace (position) and salary were retained in full or in part (including the time of paid forced absence caused by illegal employment termination or transfer to another job);

3) time when the employee did not actually work, but they retained their job (position) and were provided with state social insurance benefit, except for leave to care of a child until they reach the age of three;

4) time when the employee did not actually work, but they retained their job (position) and were not paid a salary in the manner prescribed by Articles 25 and 26 of the Law of Ukraine "On Leave", except for leave without retention of salary for care of child until they reach the age of six;

5) part-time study time lasting less than 10 months in full-time departments of vocational schools;

6) training time for new professions (specialities) of persons dismissed due to changes in production and labour in the organisation, including the liquidation, reorganisation or reorientation of the enterprise, institution, organisation, staff reduction;

7) other periods of work provided by the legislation.

The length of service that entitles to additional annual leave (Article 76 of this Code) includes the following:

1) the time of actual work with harmful, difficult conditions or with a special nature of work if the employee is employed in these conditions not less than half of the working day established for employees of this production, shop, profession, or position;

2) the time of annual basic and additional leave for work with harmful, difficult conditions and for the special nature of work;

3) the working time of pregnant women transferred based on a medical conclusion to easy work wherein they are not affected by adverse production factors.

Article 83. Monetary compensation for unused annual leave

In case of an employee’s dismissal, they shall be paid compensation for all unused days of annual leave, as well as of additional leave for employees having children or major child with childhood disabilities of Subgroup A, Group I.

In case of dismissal of managing, pedagogical, scientific, academic employees, specialists of educational institutions who worked at least 10 months before dismissal, compensation shall be paid for unused days of annual leaves based on full duration thereof.

In case of an employee’s transfer to another enterprise, institution or organisation, compensation for unused days of annual leaves shall be transferred onto the account of the enterprise, institution or organisation to which this employee has been transferred at their will.

A part of annual leave may be substituted with compensation at the employee’s will. In this case, the duration of annual and additional leaves granted to the employee shall not be less than 24 calendar days.

For persons under the age of eighteen, the substitution of all kinds of leaves with compensation is not allowed.

In case of employee’s death, compensation for unused days of annual leaves, as well as additional leave for employees having children or major child with childhood disabilities of Subgroup A, Group I, shall be paid to heirs.

Article 84. Unpaid leaves

In the cases provided for in Article 25 of the Law of Ukraine "On Vacations", the employee is granted mandatory unpaid leave at their request.

Due to family circumstances and for other reasons, the employee may be granted unpaid leave for a period stipulated in the agreement between the employee and the owner or their authorised body, but not more than 15 calendar days per year.

If the Cabinet of Ministers of Ukraine establishes quarantine according to the Law of Ukraine "On Protection of the Population from Infectious Diseases", the period of unpaid leave for the quarantine period is not included in the general term established by Part 2 of this Article.

Chapter VI
LABOUR STANDARDISATION

Article 85. Labour standards

Labour standards are standards of performance, time, maintenance, the number that are set for employees according to the achieved level of equipment, technology, and production and labour organisation.

In the conditions of collective forms of organisation and remuneration, the consolidated and complex standards can be applied also.

Labour standards are subject to mandatory amendment with new ones to the extent of certification and optimisation of workplaces, the introduction of new equipment, technology, and organisational and technical measures that increase productivity.

Achieving a high level of production by an individual employee, a team through the application of new techniques and best practices, improving their own workplaces on their own initiative is not a reason to revise the rules.

Article 86. Introduction, amendment, and revision of labour standards

Introduction, amendment, and revision of labour standards is carried out by the owner or their authorised body in agreement with the elected body of the primary trade union organisation (trade union representative).

The owner or their authorised body shall explain to employees the reasons for revising labour standards, as well as the conditions under which the new standards should apply.

The owner or their authorised body shall notify the employees about the introduction of new standards and amendment of the current labour standards not later than one month before the introduction.

Article 87. Validity of labour standards

Labour standards are set for an indefinite period and are valid until they are revised due to a change in the conditions for which they were intended (Article 85).

Along with the standards established for stable organisational and technical working conditions, temporary and one-time standards are applied.

Temporary standards are established for the period of development of certain works in the absence of approved regulatory materials for labour standardisation.

One-time standards are set for individual works that are of a one-time nature (unscheduled, emergency).

Article 88. Working conditions that must be taken into account when developing production standards (time standards) and service standards

Production standards (time standards) and service standards are determined based on normal working conditions that are as follows:

1) good condition of equipment, machines, and devices;

2) proper quality of materials and tools necessary to perform the work, and their timely provision;

3) timely supply of electricity, gas, and other energy sources;

4) timely provision of technical documentation;

5) healthy and safe working conditions (compliance with safety rules and regulations, necessary lighting, heating, ventilation, elimination of harmful effects of noise, radiation, vibration, and other factors that adversely affect the health of employees, etc.).

Article 89. Amendment and revision of uniform standards

Amendment and revision of uniform (inter-branch, branch, departmental) standards are carried out by authorities that approved them.

Article 90. The procedure for determining rates for piecework

At the piece wage rate, the rates are defined proceeding from the established categories of work, base salaries (official salaries), and production standards (time standards).

The piece rate is determined by dividing the hourly (daily) base salary that corresponds to the category of work performed by the hourly (daily) production standard. The piece wage rate can also be determined by multiplying the hourly (daily) base salary that corresponds to the category of work performed by the established hourly or daily standard.

Article 91. Retention of previous rates when implementing an invention, utility model, industrial design or innovation proposal

The employee who created the invention, utility model, industrial design or made an innovation proposal that led to a change in technical standards and rates retains the previous rates for six months from the date of their implementation. Preliminary rates are retained in cases where the author of these intellectual property has not previously fulfiled the work whose standards and rates have been amended due to their implementation and has been transferred to this work after their implementation.

For other employees who have assisted the author in implementing the invention, utility model, industrial design, or innovation proposal, the preliminary rates are retained for three months.

Article 92. Establishment of standardised tasks for hourly rate salaries

At hourly payment, the standardised tasks are established for employees. To perform certain functions and scope of work, service standards or staffing standards may be set.

Chapter VII
REMUNERATION

Article 94. Remuneration

Remuneration is an award, calculated, as a rule, in monetary terms that the owner or their authorised body pays to the employee for the work performed.

The remuneration amount depends on the complexity and conditions of work performed, professional and business qualities of the employee, the results of their work and economic activity of the enterprise, institution, organisation and whose maximum size is not limited.

The issue of state and contractual regulation of remuneration, employee rights for remuneration, and their protection is determined by this Code, the Law of Ukraine "On Remuneration of Labour" and other regulatory acts.

Article 95. Minimum wage. Salary indexation

The minimum wage is the minimum remuneration amount established by law for the monthly (hourly) rate of work performed by the employee.

The minimum wage is set at both monthly and hourly rates.

The amount of the minimum wage is set and revised according to Articles 9 and 10 of the Law of Ukraine "On Remuneration of Labour" and cannot be lower than the subsistence level for able-bodied persons.

The minimum wage is a state social guarantee, mandatory throughout Ukraine for enterprises, institutions, organisations of all forms of ownership and management, and individuals who use the employee labour under any remuneration system.

Wage is subject to indexation in the manner prescribed by law.

Article 96. Remuneration systems

Remuneration systems are base-salary and other systems formed on the basis of the work complexity assessments and the qualifications of employees.

The payment rating system includes salary scale, base salary, official salary schemes and professional standards (qualification characteristics).

The payment rating system is used in the distribution of work depending on their complexity, and employees depending on their qualifications and categories of the salary scale. It is the basis for the formation and differentiation of salaries.

The salary scale (official salary scheme) is formed on the base salary of the employee of the first category and inter-qualification (inter-job) ratios of the base salary amounts (official salaries).

The official salary scheme (base salary) of employees of institutions, establishments, and organisations financed from the budget is formed based on the following:

the minimum official salary (base salary) established by the Cabinet of Ministers of Ukraine;

inter-position (inter-qualification) ratios of official salaries (base salaries) and pay rate multiplier.

The minimum official salary (base salary) is set at an amount not less than the subsistence level set for able-bodied persons on January 1 of the calendar year.

Reckoning the works being performed to certain salary grades and conferring the qualification categories to employees is carried out by the owner or their authorised body, according to professional standards (qualification characteristics), in coordination with the elected body of the primary trade union organisation (trade union representative).

Qualification and special knowledge requirements of employees, their tasks, responsibilities, and specialisation are determined by professional standards or qualification characteristics of employee professions.

The procedure for developing and approving professional standards is determined by the Cabinet of Ministers of Ukraine.

The procedure for developing and approving qualification characteristics is determined by the central executive authority in charge of shaping the state policy in the field of labour, labour relations and employment.

By collective agreement, and if the agreement was not concluded, by order of the owner or their authorised body issued after agreement with the elected body of the primary trade union organisation (trade union representative), and in the absence of the primary trade union organisation with freely elected and authorised employee representative(s), other remuneration systems can be established.

Article 97. Remuneration at enterprises, institutions, and organisations

Remuneration of employees is carried out by hourly, piece-rate or other remuneration systems. Payment can be made based on the results of individual and collective work.

Forms and systems of remuneration, labour standards, rates, salary scales, base salaries, official salary schemes, conditions of introduction and amounts of salary supplements, surcharges, bonuses, rewards and other incentives, compensations and guarantee payments are set by enterprises, institutions, organisations independently in the collective agreement complying with the rules and guarantees provided by law, general and sectoral (regional) agreements. If a collective agreement at the enterprise, institution, organisation is not concluded, the owner or their authorised body shall agree on these issues with the elected body of the primary trade union organisation (trade union representative) representing the interests of the employee majority, and in its absence, with another body authorised for representation by the personnel.

Specific amounts of base salaries (official salaries) and piece wage rates for employees, salaries for officers, as well as salary supplements, surcharges, bonuses, rewards are set by the owner or their authorised body, taking into account the requirements of Part 2 of this Article.

The owner or their authorised body or individual has no right to unilaterally make decisions on remuneration that deteriorate the conditions established by law, contracts, collective agreements.

Remuneration of employees is carried out as a matter of priority. All other payments are made by the owner or their authorised body after the fulfilment of remuneration liabilities.

Article 98. Remuneration of employees of institutions and organisations financed from the budget

Remuneration for employees of institutions and organisations financed from the budget is carried out based on laws and other regulatory acts of Ukraine, general, sectoral, regional agreements, collective agreements, within the budget allocations and extra-budgetary revenues.

Article 100. Remuneration for heavy work, work with harmful and dangerous working conditions, work with special natural geographical and geological conditions, and conditions of increased health risk

Heavy work, work with harmful and dangerous working conditions, work with special natural geographical and geological conditions, and conditions of increased health risk are subject to higher wages. The list of these works is determined by the Cabinet of Ministers of Ukraine.

Article 102-1. Remuneration for part-time work

Part-time employees receive a wage for the work actually performed.

Working conditions for part-time employees of state enterprises, institutions and organisations are determined by the Cabinet of Ministers of Ukraine.

Article 103. Notifying employees about the introduction of new conditions or changes in existing conditions of remuneration

The owner or their authorised body must notify the employee of new conditions or changes in the current conditions of remuneration towards deterioration not later than two months before their introduction or change.

Article 104. Remuneration for work of different qualifications

At performing work of various qualifications, the work of part-time workers, as well as officers is paid as higher qualification work.

The work of piece-workers is paid at the rates set for the work performed. In those branches of the national economy where, by the nature of production, employees are assigned to perform work rated below the categories conferred to them, employees who perform such work are paid a difference between the categories. Payment of the difference between the categories and the conditions of such payment shall be established by collective agreements.

Article 105. Remuneration for combining professions (positions) and performing the duties of a temporarily absent employee

Employees who perform additional work in another profession (position) or the duties of a temporarily absent employee without dismissal from their main job at the same enterprise, institution, organisation in addition to their main job under the employment contract are paid extra for combining professions (positions) or performing the duties of a temporarily absent employee.

The amounts of surcharges for combining professions (positions) or performing the duties of a temporarily absent employee are set on the terms stipulated in the collective agreement.

Article 106. Remuneration of overtime work

Under the hourly payment system, overtime work is paid at doubled hourly rate.

Under the piece wage rate system, the overtime work is paid a surcharge of 100 per cent of the base salary of an employee of the appropriate qualification whose work is paid on an hourly basis – for all hours worked overtime.

In the case of summary recording of working hours, all hours worked over the established working hours in the accounting period shall be paid as overtime, according to the procedure provided for in Parts 1 and 2 of this Article.

Compensation for overtime work by providing time off is not allowed.

Article 107. Remuneration for work on holidays and days off

Work on holidays and days off (Part 4 of Article 73) is paid in a double amount to the following categories:

1) to business travelers – at double business trip rates;

2) to employees whose work is paid at hourly or daily rates – in the double amount of the hourly or daily rate;

3) employees receive a monthly salary in the amount of a single hourly or daily rate above the salary if work on holidays and days off has been carried out within the monthly working hours and in the amount of double hourly or daily rate above the salary if the work has been carried out over monthly rate.

Payment in the specified amount is made for the hours actually worked on holidays and days off.

At the request of an employee who worked on holidays and days off, they may be granted another day off.

Article 108. Remuneration of night work

Night work (Article 54) is paid in the increased amount established by the general, branch (regional) agreements and the collective agreement but not less than 20 per cent of the base salary (official salary) for each hour of night work.

Article 109. Remuneration for uncompleted work ticket

When the employee leaves the job ticket uncompleted for reasons beyond their control, the work performed is paid according to an estimate determined by the agreement of the parties according to existing rules and rates.

Article 110. Notifying the employee of the remuneration amount

For each wage payment, the owner or their authorised body shall notify the employee of the following data related to the period for which the remuneration is made:

a) the total wage amount with a breakdown by payment type;

b) the amount and grounds of deductions and withholdings of wage;

c) the amount of wage to be paid.

Article 111. The remuneration procedure for non-fulfilment of production standards

In case of non-fulfilment of production standard by no fault of the employee, payment is made for the work actually performed. In this case, the monthly wage cannot be lower than two-thirds of the base salary of the category (official salary) established for them. In non-fulfilment of production standard by the fault of the employee, payment is made for the work performed.

Article 112. The payment procedure for the manufacture of products found defective

In the manufacturing of products found defective by no fault of the employee, remuneration for their manufacture is made at reduced rates. The monthly wage of an employee shall not be lower than two-thirds of the base salary of the category (official salary) established for them in these cases.

The product failure that occurred due to a hidden defect in the processed material, as well as the failure that occurred by no fault of the employee identified after acceptance of the product by the technical inspection body, is paid to this employee along with suitable products.

Complete failure by the fault of the employee is not subject to payment. Partial defect by the fault of the employee is paid at reduced rates depending on the degree of suitability of products.

Article 113. The payment procedure for downtime, as well as the development of new production (products)

Downtime by no fault of the employee, including for the period of quarantine established by the Cabinet of Ministers of Ukraine, is paid at the rate of not less than two-thirds of the base salary set for the employee category (official salary).

The employee shall notify the owner or their authorised body or foreman, shop foreman or officials about the beginning of downtime, except for downtime of the structural unit or the entire enterprise.

During downtime, when there is a production situation that is dangerous to the life or health of the employee or the people around them and the environment by no fault of the employee, they retain the average earnings.

Downtime by the fault of the employee is not paid.

For the period of development of new production (products), the owner or their authorised body may make additional payments to employees to the previous average earnings for a period not exceeding six months.

Article 114. Salary retention at transferring to another permanent lower-paid job and moving

When transferring an employee to another permanent lower-paid job, the employee retains their previous average earnings for two weeks from the date of transfer.

In cases where the relocation of an employee (Part 2 of Article 32) reduces earnings for reasons beyond their control, a supplement to the previous average earnings is made within two months from the date of relocation.

Article 115. Wage payment terms

Wage is paid to employees regularly on working days within the terms set by the collective agreement or regulatory act of the employer, agreed with the elected body of the primary trade union organisation or other body authorised to represent the personnel (and in the absence of such bodies – representatives elected and authorised), but not less than twice a month for a period not exceeding sixteen calendar days, and not later than seven days after the end of the period for which the payment is made.

If the day of salary payment coincides with a weekend day, holiday or day off, wage shall be paid the day before.

The wage amount for the first half of the month is determined by the collective agreement or regulatory act of the employer, agreed with the elected body of the primary trade union organisation or other body authorised to represent the personnel (and in the absence of such bodies – representatives elected and authorised by the personnel), but not less of the payment for the actual time worked based on the base salary (official salary) of the employee.

Wages for employees are paid for the entire period of annual leave no later than three days before the holiday.

Article 116. Terms of calculation upon dismissal

Upon dismissal of an employee, payment of all amounts due to them from the enterprise, institution, organisation, is made on the day of dismissal. If the employee has not worked on the day of dismissal, these amounts shall be paid no later than the next day after the dismissed employee submits a payment request. The owner or their authorised body shall notify the employee in writing of the accrued amounts due to the employee upon dismissal before paying the specified amounts.

In the case of a dispute over the amount due to the employee upon dismissal, the owner or their authorised body shall pay the amount not disputed by them in any case within the period specified in this Article.

Article 117. Liability for delayed payment upon dismissal

In case of non-payment due to the fault of the owner or their authorised body of the amounts that are due to the dismissed employee within the period specified in Article 116 of this Code, in the absence of a dispute over their amount, the enterprise, institution, organisation, shall pay the employee their average earnings for the entire period of delay.

When a dispute over the amount that is due to the dismissed employee arises, the owner or their authorised body should pay the compensation specified in this Article when the dispute is resolved in favour of the employee. If the dispute is resolved partially in favour of the employee, the amount of compensation for the delay is determined by the authority deciding on the merits of the dispute.

Chapter VIII
GUARANTEES AND COMPENSATIONS

Article 118. Guarantees for employees at elective positions

Employees dismissed as a result of their election to elective positions in state authorities, as well as in party, trade union, Komsomol, cooperative, and other public organisations are given the previous job (position) after the expiration of their term of office, and in its absence, another equivalent job (position) at the same or another enterprise, institution, organisation, with the consent of the employee.

Article 119. Guarantees for employees during the performance of state or public duties

For the time of performing state or public duties, if according to the current legislation of Ukraine these duties can be performed during working hours, employees are guaranteed the retention of the job (position) and average earnings.

Employees involved in the performance of duties under the laws of Ukraine "On General Military Duty and Military Service" and "On Alternative (Non-Military) Service", "On Mobilisation Preparation and Mobilisation" are provided with guarantees and benefits according to these laws.

For employees called up for military service, drafted as officers, mobilised, called up for a special period or enlisted under contract, including by concluding a new contract for military service, during a special period until its expiration or until the day of actual discharge, the job, position and average earnings are retained at the enterprise, institution, organisation, farm, agricultural production cooperative, regardless of subordination and ownership, and individual entrepreneurs where they worked at the time of conscription. Such employees are paid cash benefits from the State Budget of Ukraine according to the Law of Ukraine "On Social and Legal Protection of Servicemen and Members of Their Families".

The guarantees specified in Part 3 of this Article shall be retained for employees who have been injured (suffered other health damages) during military service and are being treated in medical facilities, as well as captured or missing, for a period of up to the following day of their registration in the regional (city) territorial centres of recruitment and social support, the Central Administration or regional authorities of the Security Service of Ukraine, the relevant unit of the Foreign Intelligence Service of Ukraine after their discharge from military service in case of medical treatment in medical facilities regardless of the term of treatment, return from captivity, their appearance after being declared missing or before the day of the court's announcement of their death.

The guarantees specified in Part 3 of this Article, in terms of job or position retention, do not apply to persons who held elected positions in local authorities and whose term of office has expired.

Article 120. Guarantees and compensation at moving for work to another area

Employees have the right to reimbursement of expenses and other compensation related to the transfer, acceptance or assignment to another location.

When transferring them to another job, if it is associated with moving to another location, employees are paid the following: the fare of the employee and their family members; property transportation costs; daily for the time spent on the road; one-time payment for the employee and for each family member who moves; salary for days of bundling and accommodation at a new place of residence but not more than six days, as well as for the time spent on the road.

Employees who move (by prior arrangement) in another area due to their hiring are paid compensation and given guarantees specified in Part 2 of this Article, in addition to the one-time payment that may be paid to these employees by agreement of the parties.

Amounts of compensation, the payment procedure, and guarantees to the persons specified in Parts 2 and 3 of this Article, as well as guarantees and compensation to persons when moving to another location due to the job placement in the order of distribution after graduation, traineeship, clinical residency, or in organised hiring, are established by law.

Article 121. Guarantees and compensations for business trips

Employees have the right for reimbursement of expenses and other compensation related to business trips.

Employees who are sent on a business trip are paid: per diem for the duration of the business trip, the cost of travel to the destination and back and the cost of renting accommodation in the manner and amount prescribed by law.

The job (position) is retained for the employees during the whole time of the business trip.

Employees assigned to business trips are paid for the work performed according to the conditions specified in the employment contract or collective agreement, and the amount of such remuneration shall not be lower than the average earnings.

Article 122. Guarantees for employees placed for advanced training

When placing employees for in-service training, their job (position) is retained and the payments provided by law are made.

Article 123. Guarantees for employees referred for examination to a medical facility

During the stay in the medical facility for the examination of employees required to undergo such an examination (Articles 169, 191), the average earnings at the place of work are retained.

Article 124. Guarantees for donors

On the days of medical examination and donation of blood and/or blood components, a person who has expressed a desire to donate blood and/or blood components is released from work at the enterprise, institution, organisation, regardless of ownership, while retaining average earnings at the expense of the owner of the corresponding enterprise, institution, organisation or authorised body. Such a person is given a day off with the retention of their average earnings at the expense of the owner of the enterprise, institution, organisation, or authorised body immediately after each day of blood donation and/or blood components. At the request of such a person, this day is added to the annual leave.

Article 125. Compensation for wear and tear of tools belonging to employees

Employees using their tools for the needs of the enterprise, institution, organisation have the right to receive compensation for their wear (depreciation).

The amount and procedure for this compensation payment shall be determined by the owner or their authorised body in agreement with the employee if they are not established in a centralised manner.

Article 126. Guarantees for employees-authors of inventions, utility models, industrial designs, and innovation proposals

Employees-authors of inventions, utility models, industrial designs, and innovation proposals retain the average earnings when dismissed from the main job to participate in the implementation of the invention, utility model, industrial design or innovation proposal at the same enterprise, institution, organisation.

When implementing an invention, utility model, industrial design or innovation proposal at another enterprise, institution, organisation, the employee retains a position at the place of permanent employment, and work on the implementation of the invention, utility model, industrial design or innovation proposal, is paid by agreement of the parties not less than average earnings at the place of permanent employment.

Article 127. Limitation of deductions from wage

Deductions from wage can be made only in cases provided by the legislation of Ukraine.

Deductions from employees' wages to cover their debts to the enterprise, institution, and organisation where they work may be made by order of the owner or their authorised body for the following reasons:

1) return of the advance paid on account of wage; to return amounts overpaid due to calculation errors; to repay an unspent and timely unreturned advance paid for a business trip or transfer to another location; for economic needs, if the employee does not dispute the grounds and amount of deductions. In these cases, the owner or their authorised body has the right to issue an order for deduction no later than one month from the date of expiration of the period established for repayment of the advance, repayment of debt or from the date of paying the incorrectly calculated amount;

2) upon dismissal of the employee before the end of the working year on whose account they have already received leave, for unworked days of leave. Deductions for these days shall not be made if the employee is dismissed on the grounds specified in Clauses 3, 5, 6 of Article 36 and Clauses 1, 2 and 5 of Article 40 of this Code, as well as when placed for training and due to retirement;

3) in compensation for damage caused by the fault of the employee to the enterprise, institution, organisation (Article 136).

Article 128. Limiting the amount of deductions from wage

For each wage payment, the total amount of all deductions cannot exceed twenty per cent, and in cases separately provided by the legislation of Ukraine – fifty per cent of wage that is subject to payment to the employee.

Fifty per cent of salary shall be saved for the employee in any case when deducting from the wage under several enforcement documents.

The restrictions established by Parts 1 and 2 of this Article do not apply to deductions from wages in the course of correctional work and the recovery of alimony. In these cases, the amount of the deductions from salary may not exceed seventy per cent.

Article 129. Prohibition of deductions from severance allowance, compensation, and other payments

Deductions from severance allowance, compensation, and other payments that are not subject to recovery according to the law, are not allowed.

Chapter IX
GUARANTEES WHEN IMPOSING FINANCIAL LIABILITY TO EMPLOYEES FOR DAMAGE CAUSED TO THE ENTERPRISE, INSTITUTION, ORGANISATION

Article 130. General grounds and conditions of financial liability of employees

Employees are financially liable for damage caused to the enterprise, institution, organisation as a result of the violation of their duties.

When imposing liability, the rights and legitimate interests of employees are guaranteed by establishing liability only for direct actual damage, only within the limits and procedure prescribed by law, and provided that such damage is caused to the enterprise, institution, organisation by wrongful acts (inaction) of the employee. This liability is usually limited to a certain part of the employee's earnings and shall not exceed the full amount of damage, except as provided by law.

In the presence of the specified grounds and conditions, the financial liability can be imposed independently on bringing the employee to disciplinary, administrative or criminal liability.

Employees cannot be held liable for damage that belongs to the category of standard industrial and economic risk, as well as for damage caused by an employee who was in a state of extreme necessity. Liability for profits not received by the enterprise, institution, organisation, can be imposed only on employees who are officials.

The employee who caused the damage may voluntarily cover it in whole or in pArticle With the consent of the owner or their authorised body, the employee may transfer equivalent property or repair the damage to cover it.

Article 131. Responsibilities of the owner or their authorised body and employees for the safeguard of property

The owner or their authorised body shall create conditions for employees to work properly and ensure the full safeguard of the property entrusted to them.

Employees shall treat the property of the enterprise, institution, organisation and take measures to prevent damage.

Article 132. Financial liability within the average monthly earnings

For damage caused to the enterprise, institution, organisation in the performance of duties, employees, except for employees who are officials by whose fault the damage is caused, are liable in the amount of direct actual damage, but not more than their average monthly earnings

Liability above the average monthly salary is allowed only in cases specified by law

Article 133. Cases of limited financial liability of employees

According to the law, limited financial liability is borne by the following categories:

1) employees – for damage or destruction of materials, semi-finished products, output (products), including their manufacture due to negligence in the amount of damage caused by their fault, but not more than their average monthly earnings. Employees are financially liable for damage or destruction of instruments, measuring devices, working clothing and other items provided by the enterprise, institution, organisation to the employee for use due to negligence in the same amount;

2) chairmen of enterprises, institutions, organisations and their deputy chairmen, as well as managers of structural units at enterprises, institutions, organisations and their deputies in the amount of damage caused by their fault, but not more than their average monthly earnings if the damage to the enterprise, institution, organisations caused by excessive cash payments to employees, improper accounting and storage of material, monetary or cultural valuables, failure to take the necessary measures to prevent downtime.

Article 134. Cases of full financial liability

According to the law, employees are financially liable in the full amount of damage caused by their fault to the enterprise, institution, organisation, in the following cases:

1) when the employee and the enterprise, institution, organisation, according to Article 135-1 of this Code, concluded a written agreement on the full liability of the employee for failure to ensure the safeguard of property and other valuables transferred to them for storage or other purposes;

2) property and other valuables have been received by the employee under the report and under a single time letter of attorney or other single time documents;

3) the damage has been caused by the actions of the employee that have the characteristics of acts prosecuted in criminal proceedings;

4) the damage has been caused by an employee who was intoxicated;

5) damage caused by a shortage, intentional destruction or intentional damage of materials, semi-finished products, output (products), including their manufacture, as well as tools, measuring devices, working clothing and other items provided by the enterprise, institution, organisation to the employee for use;

6) according to the legislation, the employee is fully liable for damage caused to the enterprise, institution, organisation in the performance of duties;

7) the damage caused off duty;

8) an official guilty of illegal dismissal or transfer of an employee to another job;

9) the chairman of the enterprise, institution, organisation of all forms of ownership, guilty of late wage payment for more than one month that led to the compensation payment for violation of their payment, and provided that the State Budget of Ukraine and local budgets, legal entities of state ownership have no debts to this enterprise;

10) damage is caused by the shortage, destruction or damage of equipment and means provided for use to the employee to perform work under a remote or home-based employment contract. In case of dismissal of an employee and non-return of the equipment and means provided to them for use, the inventory value of such equipment may be recovered according to the procedure specified by this Code.

Article 135. The extent of financial liability in cases where the actual amount of damage exceeds its nominal amount

The extent of financial liability of employees for damage caused to the enterprise, institution, organisation by theft, intentional damage, shortage or loss of certain property and other valuables, as well as in cases where the actual amount of damage exceeds its nominal amount, are established by law.

Article 135-1. Written agreement on full financial liability

A written agreement on full financial liability may be concluded by an enterprise, institution, organisation with an employee who has reached the age of eighteen and:

1) holds a position or performs work directly related to the storage, processing, sale (release), transportation or use of valuables transferred to them in the production process. The list of such positions and works, as well as the standard agreement on full individual financial liability, shall be approved according to the procedure established by the Cabinet of Ministers of Ukraine;

2) performs work under a remote or home-based employment contract and uses the equipment and means of the owner or their authorised body provided to them to perform the work.

Article 135-2. Collective (brigade) financial liability

When employees jointly perform certain types of works related to storage, processing, sale (release), transportation or use of valuables transferred to them in the production process, when it is impossible to differentiate the material responsibility of each employee and enter into a full financial liability agreement with them, collective (brigade) financial liability can be applied.

Collective (brigade) financial liability is established by the owner or their authorised body in coordination with the elected body of the primary trade union organisation (trade union representative) of the enterprise, institution, organisation. A written agreement on collective (brigade) financial liability is concluded between the enterprise, institution, organisation and all members of the collective (brigade).

The list of works whose performance may require collective (brigade) financial liability, conditions of its application, as well as a standard collective (brigade) financial liability agreement are developed with the participation of trade unions of Ukraine and approved by the central executive authority in charge of shaping the state policy in the field of labour, labour relations and employment.

Article 135-3. Determining the amount of damage

The amount of damage caused to the enterprise, institution, organisation is determined by the actual losses, accounting data and the inventory value (prime cost) of tangible assets after deduction of depreciation according to the established standards.

In case of theft, shortage, intentional destruction or intentional property damage, the amount of damage is determined by the prices in force in the area on the day of compensation.

In public catering enterprises (in production and canteens) and commission trade, the amount of damage caused by theft or shortage of products and goods is determined by the prices set for the sale (commercialisation) of these products and goods.

Legislation may establish a separate procedure for determining the amount of damage to be covered, including in multiples, caused to the enterprise, institution, organisation by theft, intentional damage, shortage or loss of certain types of property and other valuables, as well as in cases where the actual amount of damage exceeds its nominal amount.

The amount of damages caused by the fault of several employees is determined for each of them, taking into account the degree of fault, type, and extent of financial liability.

Article 136. The procedure for compensation for damage caused by the employee

Compensation for damages caused by employees in the amount not exceeding the average monthly earnings is made by order of the owner or their authorised body, chairmen of enterprises, institutions, organisations and their deputy chairmen by order of the higher authority by deducting from the employee's wage.

The order of the owner or their authorised body, or the hierarchically higher authority must be made no later than two weeks from the date of detection of damage caused by the employee and enforced not earlier than seven days from the date of notifying the employee. If the employee does not agree with the deduction or its amount, the labour dispute on their application is considered in the manner prescribed by law.

In other cases, compensation for damages is made by filing a lawsuit to the regional, city or city district court by the owner or their authorised body.

Recovery from the chairmen of enterprises, institutions, organisations and their deputy chairmen of material damage in court is carried out at the lawsuit of the hierarchically higher authority.

Article 137. Circumstances to be taken into account when determining the amount of compensation

In determining the amount of damage to be compensated, the court takes into account the degree of guilt of the employee and the specific circumstances wherein the damage was caused in addition to the direct actual damage. When the damage has become not only the result of the employee's culpable conduct but also of the lack of conditions to ensure the safeguard of material valuables, the amount of coverage should be reduced accordingly.

The court may reduce the amount of compensation for damage caused by the employee, depending on their property status, except in cases where the damage is caused by criminal acts of the employee committed for selfish purposes.

Article 138. Burden of proving the existence of conditions for imposing financial liability on the employee

To impose financial liability for damage on the employee, the owner or their authorised body must prove the existence of the conditions provided for in Article 130 of this Code.

Chapter X
LABOUR DISCIPLINE

Article 139. Obligations of employees

Employees shall work honestly and conscientiously, timely and accurately follow the orders of the owner or their authorised body, comply with labour and technological discipline, the requirements of labour protection regulations, carefully treat the property of the owner with whom the employment contract has been concluded.

Article 140. Ensuring labour discipline

Labour discipline at enterprises, institutions, organisations is ensured by the creation of the necessary organisational and economic conditions for standard high-performance work, a conscious attitude to work, methods of persuasion, education, as well as encouragement for conscientious work.

The personnel creates an atmosphere of intolerance to violations of labour discipline and strict social demands on employees who dishonestly perform their duties. Disciplinary sanctions and social influence measures are applied to certain dishonest employees when necessary.

Article 141. Obligations of the owner or their authorised body

The owner or their authorised body must properly arrange the work of employees, create conditions for productivity growth, ensure labour and production discipline, strictly comply with labour laws and labour protection rules, pay attention to the needs and demands of employees, improve their working and living conditions.

Article 142. Internal labour regulation rules Statutes and regulations on discipline

Labour routine at enterprises, institutions, organisations is determined by the internal labour regulation rules approved by personnel at the request of the owner or their authorised body and the elected body of the primary trade union organisation (trade union representative) based on standard rules.

There are statutes and regulations on discipline for certain categories of employees in some sectors of the economy.

Article 143. Incentive for success in work

Employees of enterprises, institutions, organisations may be subject to any incentives contained in the internal labour regulation rules approved by personnel.

Article 144. The procedure for applying incentives

Incentives are applied by the owner or their authorised body together or in agreement with the elected body of the primary trade union organisation (trade union representative) of the enterprise, institution, organisation.

Incentives are announced by order in a solemn ceremony and are entered in the employment records of employees according to the rules of their maintenance.

Article 145. Advantages and benefits for employees who successfully and conscientiously perform their duties

Employees who successfully and conscientiously perform their duties are provided primarily with benefits and privileges in socio-cultural and housing services (vouchers to sanatoriums and recreation centres, improvement of living conditions, etc.). Such employees are also given an advantage in promotion.

Article 146. Incentives for special labour merits

For special labour merits, employees are presented to higher authorities for encouragement, for awarding orders, medals, diplomas, badges and for the award of honorary titles and the title of the best employee in the profession.

Article 147. Sanctions for labour discipline violation

Only one of the following sanctions can be applied to the employee for labour discipline violation:

1) reprimand;

2) employment termination.

Legislation, statutes, and regulations on discipline may provide for other categories of employees and other disciplinary sanctions.

Article 147-1. Bodies authorised to apply disciplinary sanctions

Disciplinary sanctions are applied by the body that has been granted the right to employ (elect, approve, and appoint) this employee.

For employees who bear disciplinary liability under the statutes, regulations, and other acts of the legislation on discipline, disciplinary sanctions may also be imposed by higher authorities than those specified in Part 1 of this Article.

Employees holding elective positions may be only dismissed by a decision of the body that elected them and only on the grounds provided by law.

Article 148. Term for disciplinary sanction

The disciplinary sanction shall be taken by the owner or their authorised body immediately upon detection of the misconduct but not later than one month from the date of its detection, excluding the time of the employee dismissal due to temporary incapacity or leave.

The disciplinary sanction may not be imposed later than six months from the date of the misconduct.

Article 149. Procedure for disciplinary sanctions

Before applying a disciplinary sanction, the owner or their authorised body shall demand written explanations from the violator of labour discipline.

Only one disciplinary sanction may be applied for each violation of labour discipline.

When choosing the type of sanction, the owner or their authorised body shall consider the severity of the misconduct and the damage caused by it, the circumstances whereunder the misconduct occurred, and the performance of the employee.

The sanction shall be announced in the order and communicated to the employee against signed receipt.

Article 150. Appeal of disciplinary sanction

Disciplinary sanction may be appealed by an employee in the manner prescribed by applicable law (Chapter XV of this Code).

Article 151. Remission of disciplinary sanction

If an employee is not subjected to a new disciplinary sanction within one year from the date of its imposition, they are considered to have not had a disciplinary sanction.

If the employee did not commit a new violation of labour discipline and also proved to be a conscientious employee, the sanction may be remitted before the end of one year.

During the period of disciplinary sanction, incentives are not applied to the employee.

Article 152. Transfer of the labour discipline violation for consideration by the personnel or its body

The owner or their authorised body has the right to transfer the issue of violation of labour discipline for consideration by the labour collective or its body instead of imposing a disciplinary sanction.

Chapter XI
LABOUR PROTECTION

Article 153. Creating safe and harmless working conditions

Safe and harmless working conditions shall be created at all enterprises, institutions, and organisations.

Ensuring safe and harmless working conditions is entrusted to the owner or their authorised body, except in cases of concluding a remote employment contract between the employee and the owner or their authorised body.

Working conditions in the workplace, the safety of technological processes, machines, mechanisms, equipment, and other means of production, the state of collective and individual protection used by the employee, as well as sanitary conditions must meet the requirements of labour protection regulations.

The owner or their authorised body shall implement modern safety measures to prevent occupational injuries and provide sanitary and hygienic conditions to prevent occupational diseases in employees.

The owner or their authorised body has no right to demand the employee to perform work that poses an apparent danger to the life of the employee, as well as in conditions that do not comply with labour protection legislation. An employee has the right to refuse to perform the assigned work if a work situation that endangers the life or health of such employee or the people around them and the environment has arisen.

If it is impossible to eliminate hazardous and harmful working conditions, the owner or their authorised body shall notify the central executive authority implementing the state policy in the field of occupational safety that may grant temporary consent to work in such conditions.

The owner or their authorised body shall instruct (train) employees on occupational safety and fire safety.

Personnel discusses and approves comprehensive plans to improve working conditions, labour protection and health measures and monitor the implementation of such plans.

When concluding a remote employment contract, the owner or their authorised body shall systematically instruct (train) the employee on labour protection and fire safety within the use of equipment and tools recommended or provided by the owner of the enterprise, institution, organisation or their authorised body by such employee.

Such instruction (training) can be conducted remotely, using modern information and communication technologies, in particular by video communication. In this case, the confirmation of the instruction (training) is the fact of the exchange of relevant electronic documents between the owner or their authorised body and the employee.

When performing remote work, the owner or their authorised body bears responsibility for the safety and proper technical condition of the equipment and means of production provided to the employee for remote work.

Article 154. Compliance with labour protection requirements in the design, construction (manufacture) and reconstruction of enterprises, facilities, and production means

The design of production facilities, the development of new technologies, means of production, means of collective and individual protection of employees shall be carried out, taking into account the labour protection requirements.

Industrial buildings, structures, equipment, vehicles that are put into operation after construction or reconstruction, technological processes shall comply with labour protection regulations.

Article 155. Prohibition of commissioning the enterprises unequal to the labour protection requirements

No enterprise, shop, site, production can be accepted and commissioned, if there are no safe and harmless working conditions created.

Commissioning new and reconstructed objects of industrial and socio-cultural purpose without the permission of the central executive authority implementing the state policy in the field of occupational safety is prohibited.

The owner who has created a new enterprise shall obtain a permit to start its work from the central executive authority implementing the state policy in the field of occupational safety.

Article 156. Non-transfer of new machine samples and other means to the production and the prohibition of introducing new technologies unequal to the labour protection requirements

Manufacture and transfer of samples of new machines, mechanisms, equipment and other means to production, as well as the introduction of new technologies without the permission of the central executive authority implementing the state policy in the field of occupational safety, is prohibited.

Article 157. State intersectoral and sectoral labour protection regulations

State intersectoral and sectoral labour protection regulations are rules, standards, regulations, provisions, instructions, and other documents that give effect to mandatory legal rules.

Elaboration and adoption of new regulations, revision and repeal of existing state intersectoral and sectoral regulations on labour protection are carried out by the central executive authority in charge of shaping the state policy in the field of occupational safety, with the participation of other state authorities and trade unions in the manner prescribed by the Cabinet of Ministers of Ukraine.

Standards, technical conditions and other regulatory and technical documents for means of labour and technological processes shall include labour protection requirements and be agreed with the central executive authority in charge of shaping the state policy in the field of occupational safety.

If the labour protection requirements to be met to ensure safe and harmless working conditions for certain jobs are absent in regulations, the owner or their authorised body shall agree on measures to ensure the safety of workers with the central executive authority implementing the state policy in the field of occupational safety.

Article 158. The obligation of the owner or their authorised body to facilitate and improve the working conditions of employees

The owner or their authorised body shall take measures to facilitate and improve the working conditions of employees by introducing advanced technologies, science and technology achievements, means of mechanisation and automation of production, ergonomics requirements, positive labour protection experience, production facilities, reducing the intensity of noise, vibration, radiation, etc.

Article 159. The obligation of the employee to comply with the labour protection regulation requirements

The employee shall:

know and comply with the labour protection regulation requirements, rules for handling machines, mechanisms, equipment, and other means of production, use the means of collective and individual protection;

comply with the obligations on labour protection provided by the collective agreement (agreement, employment contract) and the internal labour regulation rules of the enterprise, institution, organisation;

pass preliminary and periodic medical examinations according to the established procedure;

cooperate with the owner or their authorised body in the organisation of safe and harmless working conditions, personally take all possible measures to eliminate any production situation that endangers their life or health or the people around them and the environment, report about the danger to the immediate supervisor or official.

Article 160. Labour protection regulation compliance control

Permanent control over the observance of the labour protection regulation requirements by employees is entrusted to the owner or their authorised body.

Personnel, through the commissioners elected by them, trade unions in the person of the elected bodies and representatives control compliance with the labour protection regulations by all employees at the enterprises, in establishments, the organisations.

Article 161. Labour protection measures

The owner or their authorised body develops and implements comprehensive measures for labour protection with the participation of trade unions according to the Law of Ukraine "On Labour Protection". The action plan for labour protection is included in the collective agreement.

Article 162. Funds for labor protection measures

Funds and necessary materials are allocated in the prescribed manner for labour protection measures. It is prohibited to spend these funds and materials for other purposes.

The procedure for using the specified funds and materials is defined in collective agreements.

Personnel controls the use of funds intended for labour protection.

Article 163. Provision of working clothing and other personal protective equipment

At works with harmful and dangerous working conditions, as well as works related to pollution or carried out in adverse temperature conditions, employees are provided with working clothing and footwear and other personal protective means free of charge.

The owner or their authorised body shall arrange the acquisition and maintenance of personal protective means according to regulations on labour protection.

Article 164. Compensation payments for non-provided working clothing and footwear

Providing materials or money amounts for making or purchasing working clothes and footwear instead of providing those is not allowed.

The owner or their authorised body must reimburse the employee for the purchase of working clothing and other personal protective means if the statutory term for providing these means is violated and the employee was forced to purchase them at their own expense. In case of early wear and tear of these means by no fault of the employee, the owner or their authorised body shall replace them at their own expense.

Article 165. Provision of soap and antiseptics

Soap is provided free of charge at work related to pollution according to the established standards. Detergents and antiseptics are provided free of charge according to the established standards at work where harmful effects on the skin are possible.

Article 166. Provision of milk and restorating and preventive nutrition

At work with harmful working conditions, milk or other equivalent foodstuffs are provided to employees free of charge according to the established standards.

At works with especially harmful working conditions, restorating and preventive nutrition is provided free of charge according to the established standards.

Article 167. Providing hot shop workers with carbonated salt water

The owner or their authorised body shall supply employees of hot shops and production sites with carbonated salt water free of charge.

Shops and production sites, where the supply of carbonated saltwater is arranged, are determined by the central executive authority implementing the state policy in sanitary and epidemiological welfare of the population, in agreement with the owner or their authorised body.

Article 168. Breaks in work for heating and rest

Employees working in the cold season outdoors or indoors in unheated rooms, loaders and some other categories of employees are provided with special breaks for heating and rest included in working hours, in cases provided by law. The owner or their authorised body shall equip the premises for heating and the rest of the employees.

Article 169. Mandatory medical examinations of certain categories of employees

The owner or their authorised body shall arrange at his own expense preliminary (upon employment) and periodic (during employment) medical examinations of employees engaged in heavy work, work with harmful or dangerous working conditions or those where there is a need for professional selection, as well as the annual mandatory medical examination of persons aged under 21.

The list of professions whose employees are subject to medical examination, the term and procedure for its establishment are set by the central executive authority in charge of shaping the state policy on healthcare in agreement with the central executive authority in charge of shaping the state policy in the field of occupational safety.

Article 170. Transfer to easy work

Employees who require easy work due to their health condition must be transferred by the owner or their authorised body, with their consent, to such work according to a medical conclusion temporarily or indefinitely.

When transferring to easy and lower-paid work due to health condition, the previous average earnings are retained for two weeks from the date of transfer, and in cases provided by the legislation of Ukraine, the previous average earnings are retained for the entire period of lower-paid work or material support is provided under state social insurance.

Article 171. The obligation of the owner or their authorised body for the investigation and recording of accidents, occupational diseases, and emergencies at work

The owner or their authorised body must investigate and keep records of accidents, occupational diseases, and emergencies at work according to the procedure established by the Cabinet of Ministers of Ukraine.

Article 172. Labour service of persons with disabilities

In cases provided for by law, the owner or their authorised body shall arrange training, retraining, and employment of persons with disabilities according to medical recommendations, establish a part-time working day or a part-time working week at their request and create preferential working conditions.

Persons with disabilities shall not be involved in overtime or night work without their consent (Articles 55 and 63).

Article 173. Compensation for damage to the health of employees

Damage caused to employees by injury or other damage to health related to the performance of duties shall be reimbursed in the manner prescribed by law.

Section XII
WOMEN LABOUR

Article 174. Works that Prohibit the Use of Women's Labour

It shall be prohibited to employ women in arduous work and work with harmful or dangerous working conditions, as well as in underground work, except for some underground work (non-physical works or works on sanitary and domestic services).

It shall also be prohibited to engage women in work involving lifting and moving things, the weight of which exceeds the established limits for them.

The list of arduous works and works with harmful and dangerous working conditions, where the employment of women is prohibited, as well as the limits of lifting and moving heavy objects by women shall be approved by the central executive authority in charge of shaping the state policy on healthcare with the consent of central executive authority in charge of shaping the state policy in the field of occupational safety.

Article 175. Restrictions on Women Labour at Nighttime

The engagement of women to work at nighttime shall be prohibited, except for those sectors of the economy where there is a special need and where it is allowed as a temporary measure.

The list of such sectors and types of work with the indication of the maximum terms of employment of women at nighttime shall be approved by the Cabinet of Ministers of Ukraine.

Restrictions of part 1 of this Article shall not apply to women working on enterprises where the members of only one family are employed.

Article 176. Prohibition on Engaging Pregnant Women and Women with Children Under the Age of Three in Nighttime and Overtime Work, Work on Weekends and Sending Them on Business Trips

Pregnant women and women with children under the age of three shall not be engaged in work at nighttime, in overtime work, work on weekends and sent on business trips.

Article 177. Restrictions on the Engagement of Women With Children Aged 3 – 14 or Children With Disabilities in Overtime Work and Sending Them on Business Trips

Women with children aged 3 – 14 or children with disabilities shall not be engaged in overtime work or sent on business trips without their consent.

Article 178. Transferring Pregnant Women and Women with Children under Three Years to Easier Work

Pregnant women, according to the medical opinion, shall have reduced production rates, service rates or they shall be transferred to easier work eliminating the impact of adverse production factors, while maintaining the average earnings from previous work.

Before deciding on providing a pregnant woman, according to the medical opinion, with another work that is easier and eliminates the impact of adverse production factors, she shall be subject to dismissal with the preservation of average earnings for all missed working days at the expense of the enterprise, institution, organisation.

Women with children under the age of 3 shall be transferred to another work if it is impossible to perform the previous work while maintaining the average earnings from the previous job, until the child reaches the age of 3.

If the earnings of the persons transferred on easier work referred to in parts 1 and 3 of this Article are higher than the earnings received before the transfer, they shall be paid the actual earnings.

Article 179. Maternity Leave and Childcare Leave

Based on a medical opinion, women shall be granted a paid maternity leave for 70 calendar days before childbirth and for 56 (in case of giving birth to two or more children and in case of complicated childbirth – 70) calendar days after childbirth, counting from the day of childbirth.

The duration of maternity leave shall be calculated in total and shall be 126 calendar days (140 calendar days – in case of giving birth to two or more children and in case of complicated childbirth). It shall be granted to women completely, regardless of the number of days actually used before childbirth.

At the woman's request, she shall be granted childcare leave before the child reaches the age of 3, with the payment of benefits during these periods in accordance with the law.

Enterprises, institutions and organisations can, at their own expense, provide women with partially paid leave and unpaid childcare leave for a longer period.

Childcare leave before the child reaches the age of 3 shall not be granted if the child is in public care, except for foster children in foster families and foster children in family-type children's homes.

If a child needs home care, a woman shall be granted unpaid leave for the duration specified in the medical opinion, but not more than until the child reaches the age of six.

Childcare leave provided for in parts 3, 4, and 6 of this Article may be used in whole or in part by the child's father, grandmother, grandfather, or other relatives who actually take care of the child.

At the woman's request or at the request of persons referred to in paragraph 7 of this Article, they may work part-time or at home during their childcare leave.

Article 180. Combining Annual Leave and Maternity Leave

In case of granting maternity leave to women, the owner or his/her authorised body is obliged, at her request, to combine the woman's annual basic with additional leave, regardless of the duration of her work at the enterprise, institution, organisation in the current business year.

Article 181. Procedure for Granting Childcare Leave and Enrolling It in the Length of Service

Childcare leave to care of a child before reaching the age of 3 and unpaid leave (part 3 and 6 of Article 179 of this Code) shall be granted at the request of the woman or persons referred to in part 7 of Article 179 of this Code, either in whole or in part within the prescribed, period and shall be made out by the order of the owner or the authorised body.

Childcare leave to care of a child before reaching the age of 3 and unpaid leave (parts 3 and 6 of Article 179 of this Code) shall be included in both general and continuous length of service and to the professional length of service. The time of leave specified in this Article shall not be included in the length of service entitling to annual leave.

Article 182. Leave for Employees Who Have Adopted a Child (Children)

Employees who adopted an orphan or children deprived of parental care shall be granted one-time paid leave with respect to adoption for the period of 56 calendar days (70 calendar days – in case of adopting two and more children), excluding holidays and days off after the court decision on the adoption of the child enters into force. Such leave shall be granted provided that the application for the leave is submitted no later than three months after the court decision on the adoption of the child enters into force.

In case of adoption of a child (children) by spouses, the said leave shall be provided to one of the spouses at their discretion.

Employees who have adopted a child (or two or more children at the same time) shall be granted a childcare leave on the conditions and in the manner established by Articles 179 and 181 of this Code.

Article 182-1. Additional Leave for Employees with Children or an Adult Child with a Childhood Disability Group I, Subgroup A

A working woman having two or more children under the age of 15, or a child with a disability, or woman who has adopted a child, the mother of a person with a childhood disability of Group I Subgroup A, a single mother, a father of a child or a person with a childhood disability of Group I Subgroup A who raises them without a mother (including the long stay of the mother in a medical institution), as well as a person who took care of a child or a person with childhood disabilities of Group I Subgroup A, shall be granted an additional paid annual leave of 10 calendar days regardless of holidays and days off (Article 73 of this Code).

If there are several grounds for granting this leave, its total duration shall not exceed 17 calendar days.

The leave specified in part 1 of this Article shall be granted in excess of annual leave provided for in Articles 75 and 76 of this Code, as well as in excess of annual leave established by other laws and regulatory acts, and shall be transferred to another period or extended in accordance with Article 80 of this Code.

Article 183. Breastfeeding Breaks

Women with children under the age of 1,5 shall be provided with additional breaks for breastfeeding in addition to the general rest and lunch break.

These breaks shall be provided at least every three hours for the duration of at least thirty minutes each.

If woman has two or more infants, the duration of such breaks shall be at least an hour long.

The terms and procedure for providing breaks shall be established by the owner or his/his authorised body, with the consent of the elected body of the primary trade union organisation (trade union representative) in the enterprise, institution, organisation, and taking into account the wishes of the mother.

Breastfeeding breaks shall be included in working hours and paid at the average salary.

Article 184. Employment Warranties and Prohibition on Dismissal of Pregnant Women and Women with Children

Women shall not be denied employment and their salary shall not be decreased on the grounds connected with pregnancy or having children under the age of 3, and single mothers – subject to availability of a child under the age of 14 or a disabled child.

If these categories of women are denied employment, the owner or his/her authorised body shall notify them of the reasons for such refusal in writing. Refusal of employment may be appealed in court.

Dismissal of pregnant women and women having children under the age of three (under age of 6 – part 6 of Article 179), single mothers having a child under the age of 14 or disabled child on the initiative of the owner or his/her authorised body shall be prohibited, except for the cases of full liquidation of the enterprise, institution or organisation when dismissal with compulsory employment is allowed. Compulsory employment of the above-mentioned women shall also be applicable in cases of their dismissal upon completion of the labour agreement term. For the period of employment, they shall preserve the average salary, however for no more than three months after the date of completion of the labour agreement term.

Article 185. Article 185. Providing Pregnant Women and Women with Children Under 14 with Sanatorium and Rest Home Vouchers and Material Assistance

The owner or his/her authorised body shall provide pregnant women and women with children under the age of 14 or disabled children with sanatorium and rest home vouchers free of charge or on a preferential basis, if required, or grant them material assistance.

Article 186. Mother's Care at Enterprises and Organisations

Enterprises and organisations with extensive use of women's work shall be provided with nurseries, kindergartens, breastfeeding rooms, and also rooms of personal care for women.

Article 186-1. Warranties to Persons Raising Minor Children Without a Mother

The warranties established by Articles 56, 176, 177, parts 3–8 of Article 179, Articles 181, 182, 182-1, 184, 185, 186 of this Code shall also apply to parents raising children without a mother (including cases of a mother's long stay in a medical institution), as well as to guardians (trustees), one of the adoptive parents, one of the foster parents.

Section XIII
YOUTH LABOUR

Article 187. The Rights of the Youth in Employment Relations

Minors (persons under the age of 18) shall have the same labour rights as adults; where relevant to occupational safety, working hours and some other labour conditions, they shall be eligible to have the benefits envisaged by the Ukrainian legislation.

Article 188. Employment Age

Employment of persons under the age of 16 shall be prohibited.

With the consent of one of the parents or a person replacing the parent, persons who have reached the age of 15 may, as a matter of exception, be employed.

With the purpose of preparation of young people for productive work, students of general education schools, vocational schools, and secondary special institutions may be engaged in easy work that does not have any harmful health implications and does not disrupt the studying process; in their free time and provided that they have reached the age of 14 and with the consent of one of the parents or a person replacing the parent.

Article 189. Accounting for Employees Under the Age of 18

Every institution and organisation shall provide a special accounting for the employees under the age of 18 with the indication of their date of birth.

Article 190. Types of Work Prohibited for Employees Under the Age of 18

The employment of persons under the age of 18 in arduous work and work with harmful or dangerous working conditions, as well as in underground work, shall be prohibited.

Persons under the age of 18 shall not be engaged in lifting and moving objects that weigh more than the established limits.

The list of arduous types of work, work with harmful and dangerous working conditions, as well as the maximum norms for lifting and moving heavy objects by persons under the age of 18 shall be approved by the central executive authority in charge of shaping and implementing the state policy on healthcare, with the consent of the central executive authority in charge of shaping and implementing the state policy in the field of occupational safety.

Article 191. Medical Examinations of Persons Under the Age of 18

All persons under the age of 18 shall be employed only after a preliminary medical examination and thereafter, until the age of 21, shall be subject to a mandatory annual medical examination.

Article 192. Prohibition on Engagement of Employees Under the Age of 18 in Nighttime Work, Overtime Work and Work on Weekends

Employees under the age of 18 shall not be engaged in nighttime work, overtime work and work on weekends.

Article 193. Performance Standards for Young Employees

For employees under the age of 18, performance standards shall be based on the performance standards for adult employees in proportion to reduced working hours for persons under the age of 18.

For young employees who get employed with an enterprise after graduating from secondary schools, vocation schools and training courses, or completed on-site training, the reduced performance standards may be approved in the cases, amounts and for the periods envisaged by applicable law. These standards shall be approved by the owner or designated body upon the consent of the trade union board.

Article 194. Remuneration of Employees Under the Age of 18 With Reduced Working Day

Remuneration for employees under the age of 18 having a reduced working day shall be the same as remuneration of employees of relevant categories having a full working day.

Employees under the age of 18 admitted to the performance-based work shall be paid under performance-based rates set for adult employees with an extra payment calculated according to their base rate for the time their working day is reduced compared to the duration of adult employees.

Remuneration of students of general secondary schools, vocational schools and special secondary schools working in their free time shall be proportionate to the time of such work or based on performance standards. Enterprises may provide additional payments to the students' salaries.

Article 195. Leave for Employees Under the Age 18

Annual leaves for employees under the age of 18 shall be provided at the time that is suitable for them.

Full annual leaves for employees under the age of 18 in the first year of employment shall be provided upon their request pending the six-month period of employment with the given enterprise or organisation.

Article 196. Additional Guarantees in Promoting Employment

A quota in accordance with Law of Ukraine “On Employment of Population” shall be established for the employment of young people who have completed or terminated their studies in secondary, vocational and higher educational institutions, who have resigned from military service and are employed the first time, as well as persons discharged from military service on call-up during mobilisation, for a special period, military conscription services for reservists during a special period who have voluntarily entered into a contract for military service, military service for conscription of officers or alternative (non-military) service (within six months after graduation or termination of training or service); orphans and children deprived of parental care, persons who have reached the age of 15 and who, with the consent of one of the parents or a person replacing them, may, as an exception, be employed, as well as other categories of persons who have additional guarantees in promoting employment, enterprises, institutions and organisations.

Article 197. Offering First Job to Young People

Working-age youth who are citizens of Ukraine aged 15–28 years after graduation or termination of studies in secondary, vocational and higher education institutions, completion of vocational training and retraining, as well as after exemption from military service, military service on call during mobilization, for a special period, military service on call of persons among reservists during a special period, military service on call of officers or alternative (non-military) service, shall be provided with the first workplace on term not less than two years.

Young graduates of state educational institutions that had previously requested by enterprises, institutions and organisations shall be provided with a job in their field for the duration of at least three years, in the manner by the Cabinet of Ministers of Ukraine.

Article 198. Restrictions on Dismissal of Employees Under the Age of 18

Employees under the age of 18 at the initiative of the owner or his/her authorised body may be dismisses, except for compliance with the general procedure of dismissal, only with the consent of the district (city) service for children. Dismissal on the grounds specified in clauses 1, 2 and 6 of Article 40 of this Code shall be carried out only in exceptional cases and shall not be allowed without employment.

Article 199. Termination of Employment Contract With the Minor on Demand of Their Parents or other Persons

Parents, foster parents and guardians of a minor, as well as state agencies and officials responsible for supervision and control over the compliance with labour legislation, may demand the termination of the employment contract with a minor, including a fixed-term contract, when the prolongation of such employment threatens the minor's health or violates his/her legitimate interests.

Article 200. Involvement of Youth Organisations in Matters Relevant to Youth Employment and Leisure

The elected body of the initial trade union organisation or representative of the enterprise as well as its owner and authorised body shall consider incentives for young employees, providing them with housing and rooms in dormitories, occupational safety, dismissal procedures, and funding any cultural and sports events with the participation of the youth organisation member in accordance with the collective agreement.

Section XIV
BENEFITS FOR EMPLOYEES WHO COMBINE WORK WITH TRAININGS

Article 201. Organisation of Industrial Training

For professional training and advanced training of employees, especially young people, the owner or his/her authorised body shall organise individual, brigade, course and other industrial training at the expense of the enterprise, organisation, institution.

Article 202. Creating the Necessary Conditions for Combining Work with Training

For employees who undergo industrial training or study in educational institutions (on-the-job), the owner or his/her authorised body shall create the necessary conditions for combining work with training.

Article 203. Encouraging Employees Who Combine Work With Training

Successful completion of industrial training, general education and professional training, and the successful completion of training by employees in educational institutions shall be taken into account for the advanced training or promotion of employees.

Article 204. Industrial Training During Working Hours

Theoretical classes and industrial training for training new employees directly in the workplace through individual, brigade and course training shall be conducted within the working hours established by labour legislation for employees of different ages, professions and industries.

Article 205. Inadmissibility of Engagement in Work that Does Not Relate to the Speciality Being Studied

During the period of industrial training, retraining or training in other specialities, employees shall not be employed in any job that does not relate to the speciality they are studying.

Article 206. Providing Work in Accordance With the Acquired Qualification

Employee who has successfully completed industrial training shall be assigned a qualification in accordance with the rates and qualifications handbook and shall be assigned a job in accordance with the acquired qualification and the assigned category.

Article 207. Remuneration for the Period of Industrial Training, Retraining or Training in other Specialities

During the period of industrial training, retraining or training in other specialities, employees shall be paid a salary in the manner and in the amounts determined by law.

Article 208. Benefits for Employees Studying at Secondary and Vocational Schools

A reduced working week or a reduced duration of daily work with the preservation of wages shall be provided for employees who study full-time in secondary and vocational schools, in a prescribed manner; they shall also be provided with other benefits.

Article 209. Reduction of Working Hours With the Preservation of Wages for Employees Studying at Secondary Schools

Employees who studying successfully in evening secondary (shift) schools, classes, groups with full-time or part-time forms of education in secondary schools, shall be provided with a reduced working week for one working day or the corresponding number of working hours (when reducing the working day during the week), for the period of the academic year. Such employees shall be dismissed from work for no more than 36 working days in a six-day working week, or for the corresponding number of working hours during the academic year. With a five-day working week, the number of days off varies depending on the duration of the work shift, while maintaining the number of hours off.

Employees specified in part 1 of this Article shall be paid 50 per cent of the average salary at the main place of work, but not less than the minimum wage, for the period of dismissal.

Article 210. Dismissal of Employees Studying at Secondary Schools From Work Without Pay

The owner or his/her authorised body may provide, without prejudice to production activities, employees studying in the secondary evening (shift) schools, classes, groups with full-time or part-time forms of education at secondary schools, at their request, with one or two days off per week without pay during the academic year.

Article 211. Additional Leave in Connection With Studies at Secondary Schools

Employees who receive general secondary education at general secondary evening (shift) schools, classes, groups with full-time or part-time forms of education shall be provided with additional paid leave for the period of passing:

1) final exams at primary school – for 10 calendar days;

2) final exams at high school – for 23 calendar days;

3) transfer exams in primary and secondary schools – from 4 to 6 calendar days.

Employees who take external exams for the primary or secondary school shall be granted an additional paid leave of 21 and 28 calendar days, respectively.

Article 212. Time for Granting Annual Leave to Employees Studying in Educational Institutions

Annual leave for employees studying on-the-job in educational institutions shall be, at their request, added to the time of training sessions, laboratory work, tests and exams, the time of preparation and defense of the diploma project and other work provided by the curriculum.

Annual leave for employees studying at general secondary evening (shift) schools, classes, groups with full-time or part-time forms of education at secondary schools shall be, at their request, provided in such a way so it could be used before the start of training in these institutions.

Full-time annual leave for the first year of work for employees successfully studying on-the-job in educational institutions and who wants to add the leave to the time of training sessions, laboratory work, tests and exams, time of preparation and defense of the diploma project and other work provided by the curriculum shall be granted before the onset of a six-month period of continuous work at the enterprise, institution, organisation.

Article 213. Additional Leave in Connection With Studies at Vocational Schools

Additional paid leave for the preparation and passing of exams shall be granted to employees successfully attending evening classes of vocational schools for the period of 35 calendar days during the academic year.

Article 214. Unpaid Leave for Employees Admitted to Entrance Exams at Higher Education Institutions

Employees who have been admitted to the entrance exams at higher education institutions shall be granted unpaid leave of 15 calendar days, without taking into account the time required to travel to the location of the educational institution and back.

Employees, who study on-the-job in preparatory departments at higher educational institutions, shall be provided with one day off per week without pay during the academic year. To pass the final examinations, they shall be granted an additional leave, subject to the conditions provided for in part 1 of this Article.

Article 215. Benefits for Employees Studying at Higher Educational Institutions

Employees studying at higher education institutions with evening and distance learning shall be provided with additional leave with respect to their studies, as well as other benefits provided by law.

Article 216. Additional Leave in Connection With Studies at Higher Educational Institutions, Postgraduate Educational Institutions and Postgraduate Studies

Employees studying successfully on-the-job at higher education institutions of evening distance learning shall be provided with additional paid leave:

1) for the period of training sessions, laboratory works, passing tests and exams for those who study in the first and second years at higher educational institutions:

having first and second levels of accreditation with evening form of education – for 10 calendar days,

having third and fourth levels of accreditation with evening studies – for 20 calendar days,

regardless of the level of accreditation with distance learning – for 30 calendar days;

2) for the period of training sessions, laboratory works, passing tests and exams for those who study in the third and subsequent years at higher educational institutions:

having first and second levels of accreditation with evening form of education – for 20 calendar days,

having third and fourth levels of accreditation with evening studies – for 30 calendar days,

regardless of the level of accreditation with distance learning – for 40 calendar days;

3) for the period of passing state exams at higher educational institutions, regardless of the level of accreditation – for 30 calendar days;

4) for the period of preparation and defense of the diploma project (work) to students studying at higher educational institutions with evening and distance learning, having the first and second levels of accreditation – for 2 months, and at higher educational institutions having third and fourth levels of accreditation – for 4 months.

The duration of additional paid leave for employees receiving the second (next) higher education of distance (evening) learning at postgraduate educational institutions and higher educational institutions, which have subordinate postgraduate education units, shall be determined as for persons studying in the third and the following courses of the higher educational institution of the corresponding level of accreditation.

Employees admitted to the entrance exams to graduate school with or without on-the-job studies shall be provided with once time additional paid leave per year, for the preparation and passing of exams at the rate of 10 calendar days for each exam.

Employees who study on-the-job at graduate school and successfully completed an individual training plan shall be provided with additional paid leave of 30 calendar days.

Different duration of leave in connection with studies may be prescribed by the law for employees studying at higher education institutions with evening and distance learning, where the educational process has its own characteristics.

Leave provided for in clauses 1 and 2 of part 1 and part 4 of this Article shall be granted during the academic year.

Article 217. Preservation of Wages During Additional Leave in Connection With Training

During the additional study leave (Articles 211, 213, 216 of this Code, the average salary of employees at the main place of work shall be preserved.

Article 218. Days Off for Employees Studying at Higher Educational Institutions and Postgraduate Studies

Employees studying in their last years of higher education institutions shall be provided, during the ten academic months before the start of the diploma project (work) or state exams, with one day off during a six-day working week to prepare for classes with payment of 50 per cent of the received wages, but not below the minimum wage,

With a five-day working week, the number of days off mat varies depending on the duration of the work shift, provided that the total number of hours off is maintained.

During ten academic months before the start of the diploma project (work) or passing the state exams, employees may, at their discretion, be given additional one or two days of unpaid leave per week.

Employees studying full-time at graduate school, at their request and during the four years of training, shall be provided with one day off per week, with a payment of 50 per cent of the average salary.

Employees studying full-time at graduate school, during the fourth year of study shall be provided, at their request, with an additional day off per week without pay.

Article 219. Fare to the Location of the Higher Education Institution

The owner or his/her authorised body shall cover travel expenses to the educational institution and back for employees studying at higher education institutions with evening and distance learning, once a year for classes, for the period of laboratory work and tests and exams – in the amount of 50 per cent of the fare.

The travel expenses for the preparation and defense of a diploma project (work) or to pass state exams shall be covered in the same amount.

Article 220. Restriction on Overtime Work for Students Who are Studying

Employees studying on-the-job at secondary and vocational schools shall not be involved in overtime work.

Section XV
INDIVIDUAL LABOUR DISPUTES

Article 221. Authorities Considering Labour Disputes

Labour disputes shall be considered by:

1) labour disputes commissions;

2) district, city district, city inter-district courts.

This procedure for consideration of labour disputes arising between the employee and the owner or his/her authorised body shall apply regardless of the form of employment contract.

The established procedure for consideration of labour disputes shall not apply to disputes on early dismissal of elected members of public and other associations of citizens by the decision of the bodies that elected them.

Article 222. Procedure for Consideration of Labour Disputes of Certain Categories of Employees

Special aspects of consideration of labour disputes about judges, prosecutors and investigators, as well as employees of educational, scientific, and other institutions of the prosecutor's office who have class ranks, shall be established by law.

Article 223. Organisation of Labour Disputes Commissions

The labour disputes commission shall be elected by the general meeting (conference) of the personnel of the enterprise, institution, organisation with not less than 15 employees.

The procedure for election, number, composition and term of office of the commission shall be determined by the general meeting (conference) of the personnel of the enterprise, institution, organisation. Still, the number of employees in the composition of the labour disputes commission of the enterprise should be not less than a half of its composition.

Among its members, the labour disputes commission shall elect the chairman, its deputies and the secretary of the commission.

Labour disputes commissions may be established in workshops and other similar subdivisions, according to the decision of the general meeting (conference) of the personnel of the enterprise, institution, organisation. These commissions shall be elected by the community subdivisions and will operate on the same grounds as the labour disputes commissions of enterprises, institutions, and organisations.

The labour disputes commissions of subdivisions may consider labour disputes within the powers of such subdivisions.

Organisational and technical support of the labour disputes commission (provision of equipped premises, printing and other equipment, necessary literature, organisation of office work, accounting and storage of applications of employees and cases, preparation and issuance of copies of decisions, etc.) shall be provided by the owner or his/her authorised body.

The labour disputes commission of the enterprise, institution, organisation shall have the seal according to the established sample.

Article 224. Competence of the Labour Disputes Commission

Labour Disputes Commission is considered a mandatory primary body for the consideration of labour disputes arising at enterprises, institutions, organisations, except for the disputes referred to in Articles 222, 232 of this Code.

A labour dispute shall be subject to consideration by the labour disputes commission, if the employee alone or with the participation of a trade union representing his/her interests, has not settled the dispute by direct negotiations with the owner or his/her authorised body.

Article 225. Terms of Application to the Labour Disputes Commission and the Procedure for Accepting Employee's Applications

Employee may apply to the labour disputes commission within three months from the date when he/she learned or should have learned about the violation of his/her right, and with respect to disputes over the payment of wages – without limitation in period.

In case of omission of the established term for valid reasons the labour disputes commission may renew the term.

The employee's application received by the commission shall be subject to mandatory registration.

Article 226. Procedure and Terms for Consideration of a Labour Dispute in the Labour Disputes Commission

The labour disputes commission shall consider a labour dispute within ten days from the date of submission of the application. Disputes shall be considered in the presence of the employee who submitted the application, representatives of the owner or his/her authorised body. Consideration of a dispute in the absence of an employee shall be allowed only upon his/her written application. At the employee's request, a representative of a trade union body or another person, including a lawyer, may act on his/her behalf when considering a dispute.

If the employee or his/her representative do not appear at the meeting of the commission, the consideration of the application shall be postponed until the next meeting. In case of repeated absence of the employee for a valid reason, the commission may decide to withdraw this application from consideration, which shall not deprive the employee of the right to re-apply within three months from the date when the employee learned or should have learned of the violation.

The labour disputes commission has the right to call witnesses, instruct specialists to conduct technical, accounting and other inspections, demand from the owner or his/her authorised body the necessary calculations and documents.

A meeting of the labour disputes commission shall be considered valid if it is attended by at least two-thirds of the elected members.

The employee and the owner or the authorised body shall have the right to reasonably challenge any member of the commission. The challenge shall be decided by majority votes of the commission members present at the meeting. A member of the commission who has been challenged shall not participate in voting regarding his/her challenge.

Minutes shall be maintained during the meeting of the commission, which shall be signed by the chairman or his/her deputy and secretary.

Article 227. Decision-Making Procedure of the Commission on Labour Disputes

The labour disputes commission makes decisions by a majority vote of its members present at the meeting.

The decision shall specify: full name of the enterprise, institution, organisation, surname, name and patronymic of the employee who applied to the commission or his/her representative, date of application to the commission and date of its resolution, the subject of the dispute, surnames of commission members, owner or representatives of his/her authorised body, the voting results and the motivated decision of the commission.

Copies of the commission's decision shall, within three days, be handed over to the employee, owner, or his/her authorised body.

Article 228. Appeal Against the Decision of the Labour Disputes Commission

In case of disagreement with the decision of the labour disputes commission, the employee, owner or his/her authorised body may appeal its decision to the court within ten days from the date of delivery of an extract from the minutes of the commission meeting or its copy. The omission of the specified term shall not be a ground for refusal of accepting the application. Having recognised the reasons for the omission as valid, the court may renew this period and consider the dispute on the merits. If the missed deadline is not renewed, the application shall not be considered, and the decision of the labour disputes commission remains in force.

Article 229. Term of Execution of the Decision of the Labour Disputes Commission

The decision of the labour disputes commission shall be executed by the owner or his/her authorised body within three days after the expiration of ten days period provided for its appeal (Article 228), except for the cases provided for in part 5 of Article 235 of this Code.

Article 230. The Procedure for Execution of the Decision of the Labour Disputes Commission

In case of failure to implement (execute) the decision of the labour disputes commission by the owner or his/her authorised body within the term established by (Article 229), the labour disputes commission of the enterprise, institution, or organisation shall issue the certificate having force of the executive letter to the employee.

The certificate shall indicate the name of the body that delivered the decision on the labour dispute, the date of adoption and issuance and the number of the decision, surname, name, patronymic and address of the debtor collector, name and address of the debtor, his/her bank account numbers, the decision on the dispute, term presentation of a certificate for execution. The certificate shall be signed by the chairman or deputy chairman of the labour disputes commission of the enterprise, institution, organisation and by the seal of the labour disputes commission.

The certificate shall not be issued if the employee, owner or his/her authorised body has applied to the district, city district, city inter-district court for the resolving of labour dispute, within the term established by Article 228.

On the basis of a certificate, presented not later than within three months to the body of the state executive service or to a private executor, the state executor or private executor shall enforce the decision of the labour disputes commission compulsorily.

Article 231. Consideration of Labour Disputes in the District, City District, City, or Inter-District Courts

District, city district, city, or inter-district courts shall consider labour disputes on applications from:

1) an employee or owner or his/her authorised body, when they do not agree with the decision of the labour disputes commission of the enterprise, institution, organisation (unit);

Article 232. Labour Disputes Subject to Direct Consideration in District, City District, City, or Inter-District Courts

District, city district, city, or inter-district courts shall directly consider labour disputes on applications from:

1) employees of enterprises, institutions, organisations, where labour disputes commissions are not elected;

2) employees to resume work regardless of the grounds for termination of employment, change the date and wording of the reason for dismissal, payment for forced absence or performance of lower-paid work, except for disputes of employees specified in part 3 of Article 221 and Article 222 of this Code;

3) the head of the enterprise, institution, organisation (branch, representative office, department and other separate subdivision), his/her deputies, chief accountant of the enterprise, institution, organisation, his/her deputies, as well as officials of tax and customs authorities, who are assigned special ranks, and officials persons of central executive authorities implementing the state policy in the field of state financial control and price control; executives elected, approved or appointed by state bodies, local authorities, as well as public organisations and other associations of citizens, on the dismissal, change of date and wording of the reason for dismissal, transfer to another job, payment for forced absence and the imposition of disciplinary sanctions, except for disputes between employees referred to in part 3 of Article 221 and Article 222 of this Code;

4) owner or his/her authorised body to compensate employees for material damage caused to the enterprise, institution, organisation;

5) employees regarding the application of labour legislation, which in accordance with applicable law had been previously decided by the owner or his/her authorised body and the elected body of the primary trade union organisation (trade union representative) of the enterprise, institution, organisation (unit) within the scope of their rights;

6) employees regarding the registration of labour relations in case of performance of work by them without the conclusion of the employment contract and defining of the period of such work.

District, city district, city, or inter-district courts shall also directly consider labour disputes on refusal to hire:

1) employees invited to work by transfering from another enterprise, institution, organisation;

2) young specialists graduated from a higher educational institution and, in the prescribed manner, were sent to work at the enterprise, institution, organisation;

3) pregnant women, women with children under the age of three or a child with a disability, and single mothers (parents) – having a child under the age of fourteen;

4) elected employees after the expiration of the term of office;

5) employees who have been granted the right to return to work;

6) other persons the owner or his/her authorised body is obliged to enter into an employment contract with, in accordance with applicable law.

Article 233. Terms of Appeal to the District, City District, City, or Inter-District Court to Resolve Labour Disputes

The employee may apply for the resolution of the labour dispute directly to the district, city district, city, or inter-district court within three months from the date when he8/she learned or should have learned about the violation of his8/her right, and in cases of dismissal – within a month from delivery of a copy of the dismissal order, or from the date of issuance of the employment record book.

In case of violation of the legislation on the remuneration of labour, the employee shall have the right to apply to the court for the recovery of the salary due to him/her without any limitation in time.

In order to apply to the court in matters related to recovery from material damage caused to the enterprise, institution, organisation by the employee, the owner or his/her authorised body shall have a period of one year from the date of detection of the damage caused by the employee.

The term established by part 3 of this Article shall also apply when addressing to the court of the higher body.

Article 234. Court Renewal of Deadlines Missed for Valid Reasons

In case of omission for valid reasons of the terms established by Article 233 of this Code, the district, city district, city, or inter-district court may renew these terms.

Article 235. Renewal at Work, Change in the Wording of the Reasons for Dismissal, Registration of Employment with an Employee who Performed Work Without an Employment Contract and setting the Period of Such Work

In case of dismissal without legal grounds or illegal transfer to another job, including in connection with a notification of violation of the Law of Ukraine“On Prevention of Corruption” by another person, the employee shall be reinstated by the body reviewing the labour dispute.

When delivering a decision on reinstatement, the body considering the labour dispute shall simultaneously decide on the payment of the employee's average earnings during the forced absence or the difference in earnings during the performance of lower-paid work, but not more than for the period of one year. If the application for reinstatement is considered for more than one year, through no fault of the employee, the body reviewing the labour dispute shall make a decision on the payment of average earnings for the entire period of forced absence.

If the wording of the reason for dismissal is found to be incorrect or inconsistent with applicable law, in cases where this does not entail the reinstatement of the employee, the body reviewing the labour dispute shall change the wording and indicate in the decision the reason for dismissal, in accordance with the wording of current legislation and with reference to the relevant Article (paragraph) of the law. If the incorrect wording of the reason for dismissal in the employment record book prevented the employment of the employee, the body reviewing the labour dispute shall simultaneously decide to pay him the average salary for the period of forced absence in the manner and under the conditions provided for in part 2 of this Article.

If there are grounds for reinstatement of an employee who was dismissed in connection with a report made by such employee or a person close to the employee about possible facts of corruption or corruption-related offenses, other violations of the Law of Ukraine “On Prevention of Corruption” by another person, and if he/she refuses such renewal, the body considering the labour dispute shall decide on the payment of monetary compensation in the amount of six months' average earnings, and in case of impossibility of renewal – in the amount of two-year average earnings.

In the event of a delay in the issuance of an employment record book due to the fault of the owner or his/her authorised body, the employee shall be paid the average salary for the entire period of forced absence.

When making a decision on registration of labour relations with an employee who performed work without concluding an employment contract, and establishing the term of such work or part-time work, in the case of actual work is full-time established at the enterprise, institution, organisation, the body considering the labour dispute shall at the same time decide on the accrual and payment of wages to such employee in the amount not less than the average wage for the relevant economic activity in the region for the relevant period, without taking into account actually paid wages, accrual and payment in accordance with income of individuals and the amount of a single contribution to the obligatory state social insurance for the established period of work.

The decision to reinstate an illegally dismissed or transferred employee, made by the body reviewing the labour dispute, shall be subject to immediate execution.

Article 236. Payment of Forced Absence in Case of Delay in The Execution of the Decision to Reinstate the Employee

In case of delay by the owner or his/her authorised body in execution of the decision delivered by the body that considered the labour dispute on reinstatement of an illegally dismissed or transferred employee, this body shall issue a decision on payment of average earnings or difference in earnings during the delay.

Article 237. Imposition of Material Responsibility on an Official Guilty of Illegal Dismissal or Transfer of an Employee

A court shall impose on an official guilty of unlawful dismissal or transfer of an employee to another job, the obligation to cover the damages caused to the enterprise, institution, organisation in connection with the payment of the employee's time of forced absence or performance of lower-paid work. Such obligation shall be imposed if the dismissal or transfer is carried out in violation of the law or if the owner or his/her authorised body has delayed the execution of the court decision on reinstatement.

Article 237-1. Compensation by the Owner or His/Her Authorised Body For Moral Damage

Compensation for moral damage to the employee by the owner or his/her authorised body shall be made if the violation of the employee's legal rights has led to moral suffering, loss of normal life cycle, and require additional efforts to organise his/her life.

The procedure for compensation for non-pecuniary damage shall be determined by law.

Article 238. Satisfaction of Monetary Claims

When considering labour disputes related to monetary claims, in addition to claims for payment of average wages to the employee during the forced absence or the difference in earnings during the performance of lower-paid work (Article 235), the body considering the dispute shall have the right to decide to pay the employee appropriate amounts, without any limitation in time.

Article 239. Restriction on the Reversal of Execution of Decisions on Labour Disputes

In the case of revocation of executed court decisions on recovery of wages or other benefits arising from employment relations, reversal of execution shall be allowed only when the revoked decision was based on false information provided by the plaintiff or forged documents submitted by him/her.

On the same grounds, it shall allowed to recover from employees the amounts paid to them in accordance with the previously adopted decision of the labour disputes commission when reconsidering the dispute.

Article 240-1. Decision-making by the body considering labour disputes, in case of impossibility of resumption of the employee at work due to termination of business of the enterprise, institution, organisation

If an employee is dismissed without legal grounds or in violation of the established procedure, and when the resumption of the employee at the previous job is impossible due to liquidation of the enterprise, institution, organisation, the body considering the labour dispute shall oblige the liquidation commission or the owner (the body authorised to manage property of the liquidated enterprise, institution, organisation, and in appropriate cases – the successor), to pay the employee wages for the entire period of forced absence. At the same time, the body reviewing the labour dispute shall recognise the employee as dismissed under clause 1 Article 40 of this Code. The benefits and compensations provided for in Article 49-3 of this Code shall apply to dismissed employees, and his/her employment shall be provided in accordance with the Law of Ukraine “On Employment of Population”.

Article 241-1. Calculation of Terms Provided for by this Code

Terms of occurrence and termination of labour rights and responsibilities shall be calculated in years, months, weeks and days.

The term, calculated in years, shall end in the respective month and the day of the last year of the term.

The term, calculated in months, shall end on the corresponding day of the last month of the term. If the end of the term, calculated in months, falls on a month that does not have a corresponding number, the term shall end on the last day of that month.

The term, calculated in weeks, shall end on the corresponding day of the week.

When terms are determined in days, they shall be calculated from the day following the day from when the term begins. If the last day of the term falls on a holiday, weekend or day off, the day of expiration of the term shall be the next working day.

Section XVI
TRADE UNIONS. EMPLOYEES' PARTICIPATION IN THE MANAGEMENT OF ENTERPRISES, INSTITUTIONS, ORGANISATIONS

Article 243. The Right of Citizens to Unite in Trade Unions

According to the Constitution of Ukraine and the Law of Ukraine “On Trade Unions, Their Rights and Guarantees of Activity” citizens of Ukraine have the right on the basis of free will without any prior permission to create trade unions to represent, exercise and protect their labour and social-economic rights and interests, to join and leave the trade unions on the terms and in the manner prescribed by their charters, to participate in the work of trade unions.

The state shall recognise trade unions as authorised representatives of employees and defenders of their labour, social-economic rights and interests in public authorities and local governments, in relations with the owner or his authorised body, as well as with other associations of citizens.

Article 244. The Rights of Trade Unions, Their Associations

The rights of trade unions and their associations are determined by the Constitution of Ukraine, the Law of Ukraine “On Trade Unions, Their Rights and Guarantees of Activity”, this Code, and other regulatory acts.

Article 245. The Right of Employees to Participate in the Management of Enterprises, Institutions, Organisations

Employees shall have the right to participate in the management of enterprises, institutions, organisations through general meetings (conferences), personnel councils, trade unions operating in work communities, other bodies authorised by the personnel of the enterprise, to represent, make proposals to improve the work of enterprises, institutions, organisations, as well as on social, cultural and consumer services.

The owner or his/her authorised body shall create conditions that would ensure the participation of employees in the management of enterprises, institutions and organisations. Officials of enterprises, institutions, organisations shall consider critical remarks and suggestions of employees in due time and inform them about the taken measures.

Article 246. Primary Trade Union Organisations at Enterprises, Institutions, Organisations

Primary trade union organisations at enterprises, institutions, organisations and their structural units shall represent the interests of their members and protect their labour, social-economic rights and interests.

Primary trade union organisations shall exercise their powers through elected bodies in accordance with the charter (regulations), and in organisations where elected bodies are not formed – through a trade union representative authorised in accordance with the charter to represent the interests of trade union members, acting within the rights granted by the Law of Ukraine “On Trade Unions, Their Rights and Guarantees of Activity” and the charter of the trade union.

If there are several primary trade union organisations operating at the enterprise, institution, organisation, the collective interests of employees of such enterprise, institution, organisation in concluding a collective agreement shall be represented by a joint representative body in accordance with part 2 of Article 12 of this Code.

Article 247. Powers of the Elected Body of the Primary Trade Union Organisation at the Enterprise, Institution, Organisation

Elected body of the primary trade union organisation at the enterprise, institution, organisation shall:

1) conclude and monitor the implementation of the collective agreement, report on its implementation at the general meeting of the labour collective, requests the relevant bodies to prosecute officials for non-compliance with the terms of the collective agreement;

2) together with the owner or his/her authorised body decide on the introduction, revision and changes in labour standards;

3) together with the owner or his/her authorised body decide on the remuneration of employees, forms and systems of remuneration, rates, tariff grids, salary schemes, conditions of introduction and amounts of allowances, surcharges, bonuses, rewards and other incentive and compensation payments;

4) together with the owner or his/her authorised body decide on working hours and rest time, agree on shift schedules and grants, on the introduction of summary accounting of working hours, give permission for overtime work, work on weekends, etc.;

5) together with the owner or his/her authorised body decide the issues of social development of the enterprise, improvement of working conditions, detainees' living conditions, medical care of employees;

6) participate in the decisions on social-economic questions, on defining and approving the list and the order of granting social privileges to employees;

7) participate in the development of internal labour regulation rules of the enterprise, institution or organisation;

8) represent the interests of employees, on their behalf, during the consideration of individual labour disputes and in a collective labour dispute, promotes its resolution;

9) decide on the request to the owner or his/her authorised body to terminate the employment agreement (contract) with the head of the enterprise, institution, organisation if he/she violates the Law of Ukraine “On Trade Unions, Their Rights and Guarantees of Activity”, labour legislation, evades participation in negotiations on concluding or amending a collective agreement, fails to fulfil obligations under a collective agreement, admits other violations of the legislation on collective agreements;

10) provide consent or refuse to provide consent to the termination of the employment contract on the initiative of the owner or his/her authorised body with an employee, who is a member of a trade union operating at the enterprise, institution and organisation, in cases provided by law;

11) participate in the investigation of accidents, occupational diseases and accidents, in the work of the commission on labour protection;

12) exercise public control over the implementation by the owner or his/her authorised body of labour and labour protection legislation, at the enterprise, institution, organisation of safe and harmless working conditions, industrial sanitation, proper application of established conditions of remuneration, require elimination of identified shortcomings;

13) exercise control over the preparation and submission by the owner or his/her authorised body of documents necessary for the appointment of pensions to employees and members of their families;

14) exercise control over the provision of the right to use available opportunities for medical care, housing, vouchers to health and prevention facilities, and other social services and benefits to pensioners and persons with disabilities who had worked at the enterprise, institution, organisation before retirement, along with its employees, in accordance with the charter of the enterprise, institution, organisation and collective agreement;

15) represent the interests of insured persons in the social insurance commission, direct employees to sanatoriums, dispensaries and rest homes, tourist complexes, bases and health facilities on the terms stipulated by the collective agreement or contract, check the status of medical care for employees and their families;

16) determine, together with the owner or his/her authorised body in accordance with the collective agreement, the number of funds to be directed to the construction, reconstruction, maintenance of housing, keep records of citizens in need of better living conditions, according to the legislation distribute the living space in the houses constructed at the expense or with the participation of the enterprise, institution, organisation, and also the living space provided to the owner in other houses, exercise control over housing and household service of employees;

17) represent the interests of employees of the debtor company during the bankruptcy proceedings.

Elected bodies of a trade union organisation operating at an enterprise, institution, organisation also have other rights provided by the legislation of Ukraine.

Article 248. Guarantees of Trade Unions

To exercise the trade unions powers provided by the Law of Ukraine “On Trade Unions, their rights and guarantees of activity”, members of elected bodies of trade unions of enterprises, institutions and organisations, higher trade union bodies, as well as authorised representatives of these bodies have the right to:

1) freely visit and inspect workplaces at the enterprise, institution, organisation where trade union members work;

2) demand and receive relevant documents, information and explanations on working conditions from the owner or his/her authorised body, another official, implementation of collective agreements, compliance with labour legislation and social-economic rights of employees;

3) directly, in oral or written form, address to the owner or his/her authorised body, officials on trade union issues;

4) inspect the work of trade, catering, health care, children's institutions, dormitories, transport enterprises and consumer services enterprises owned or providing services to the enterprise, institution, organisation where trade union members work;

5) place their own information on the premises and on the territory of the enterprise, institution, organisation in places that can be easily accessed by employees;

6) check the calculations of wages and state social insurance, the use of funds for social and cultural events, and housing construction.

Article 249. Obligation of the Owner or His/Her Authorised Body to Create Working Conditions for Trade Unions

The owner or his/her authorised body shall promote the creation of proper conditions for the work of primary trade union organisations operating at the enterprise, institution, organisation.

Premises for the work of the elected trade union body and meetings of employees who are members of the trade union with all necessary equipment, communications, heating, lighting, cleaning, transport, security shall be provided by the owner or his/her authorised body, in the manner prescribed by the collective agreement.

If there are written applications of employees who are members of a trade union, the owner or his/her authorised body shall monthly deduct from the salary and transfer to the account of the trade union the employees membership fees in accordance with the collective agreement or a separate agreement, within the period specified in this agreement. The owner or his/her authorised body shall not delay the transfer of these funds.

Disputes related to the failure of the owner or his/her authorised body to fulfil such obligations shall be considered in court.

Buildings, premises, structures, including leased, or intended for cultural, educational, health, physical culture and sports work among employees of the enterprise, institution, organisation and members of their families, as well as health camps may be transferred on a contractual basis for use by trade unions, enterprises, institutions, organisations.

Article 250. Allocation of Funds By Enterprises, Institutions, Organisations To Primary Trade Union Organisations For Cultural, Physical Culture and Health Work

Owners or their authorised bodies shall allocate funds to primary trade unions for the purposes of cultural, physical culture and health work in the amounts provided by collective agreements and contracts, but not less than 0.3 per cent of the wage fund, in accordance with the Law of Ukraine “On Trade Unions, Their Rights and Guarantees of Activity”.

Article 251. Obligation of the Owner or His/Her Authorised Body to Provide Information at the Request of Trade Unions, Their Associations

The owner or his/her authorised body shall, within a week and at the request of trade unions, their associations, provide the information on working conditions and wages, social-economic development of the enterprise, institution, organisation and implementation of collective agreements and contracts.

In case of delay in payment of wages, the owner or his/her authorised body shall, at the request of elected trade union bodies, provide a written permission to obtain the information on the availability of funds in the accounts of the enterprise, institution, organisation from banks or obtain such information from banks and provide it to the trade union body. In case of refusal of the owner or his/her authorised body to provide such information or the permission to obtain information, such refusal or inaction may be challenged in court.

Article 252. Guarantees for Employees of Enterprises, Institutions, Organisations Elected to Trade Union Bodies

Employees of enterprises, institutions, and organisations elected as members to elected trade union bodies shall be guaranteed opportunities to exercise their powers.

Changes to the terms of the employment contract, remuneration, and disciplinary liability of employees who are members of elected trade union bodies shall be permitted only with the prior consent of the elected trade union body which they belong to.

Dismissal of members of the elected trade union body of the enterprise, institution, organisation (including structural units), its leaders, trade union representative (where the elected body of the trade union is not elected), except for the cases of general order, shall be allowed with the prior consent of the elected body, which they belong to, as well as the highest elected body of this trade union (association of trade unions).

Dismissal of employees, elected to the trade union bodies of the enterprise, institution, organisation at the initiative of the owner or his/her authorised body, shall be prohibited for a period of one year after the expiration of the term for which this composition was elected (except for cases of complete liquidation of the enterprise, institution, organisation, identified incompatibility of the employee to the position or work performed due to health conditions that prevent the continuation of such work, or the employee's actions which the law provides for dismissal for). Such guarantees shall not be provided to employees in the event of early termination of their powers in such bodies due to improper performance of their duties, or at their own request, unless it is related to health conditions.

Employees dismissed in connection with being elected to trade union bodies shall be given a previous job (position) or, with the consent of the employee, another equivalent job (position) after the expiration of their term of office.

Members of elected trade union bodies who were not relieved of their production or official duties shall be provided with a day off on the terms stipulated by the collective agreement while maintaining the average salary for participation in consultations and negotiations, and performing other public duties in the interests of the personnel, as well as for the time of participation in the work of elected trade union bodies, but not less than for 2 hours per week.

For the period of trade union training, employees elected as members to the elected trade union bodies of the enterprise, institution, organisation shall be granted an additional leave up to 6 calendar days with the preservation of the average salary at the expense of the owner or his/her authorised body

Employees elected as members to the elected bodies of the trade union organisation operating at the enterprise, institution, the organisation shall retain social benefits and incentives established for other employees at the place of work in accordance with the law. At the company's expense, these employees may be provided with additional benefits, if it is specified in the collective agreement.

The provisions of this Article regarding the specifics of disciplinary liability and dismissal, as well as the provisions of parts 2 and 3 of Article 49-4 of this Code shall not apply to prosecutors, police officers and employees of the National Police, Security Service of Ukraine, State Bureau of Investigations of Ukraine, National Anti-Corruption Bureau of Ukraine and authorities exercising control over compliance with tax legislation.

Section XVI-A
PERSONNEL OF THE ENTERPRISE

Article 252-1. PERSONNEL OF THE ENTERPRISE

Personnel of the enterprise is formed by all citizens who participate in its activity through their labour, on the basis of the labour contract (agreement), and also other forms regulating labour relations of the employee with the enterprise.

The powers of the personnel shall be determined by law.

Article 252-5. General Principles of Personnel's Material Interest in Results of Economic Activity

Achievements and losses in the work of the enterprise shall directly affect the level of self-supporting income of the personnel, the well-being of each employee. Enterprise that ensures the production and sale of the best products (works, services) with lower costs, receives more self-supporting income and an advantage in its production and social development and wages.

Compensation of losses caused to other organisations and the state, payment of fines, penalties and other sanctions established by law, shall be made at the expense of self-supporting income of the personnel. The owner or his/her authorised body shall identify specific units and employees guilty of causing damage to the enterprise, notify the personnel of the enterprise and impose the proprietary (material) liability to specific units and employees in accordance with the law.

Article 252-6. Formation of the Brigade Personnel

Enrollment of new employees in the brigade shall be carried out with the consent of the personnel of the brigade. It is not allowed to refuse enrollment of employees sent to the team in the order of employment in accordance with the law (young specialists, graduates of educational institutions of vocational education, persons released from punishment or compulsory treatment, etc.).

The personnel of the brigade may require the owner or his/her authorised body to exclude employees from the brigade in case of reduction of the team, employee's non-compliance with the work performed and in other cases provided for in Articles 40 and 41 of this Code. The owner or his/her authorised body shall transfer such employees, with their consent and in accordance with the law, to another job or dismiss them in the prescribed manner.

The brigade leader shall be elected at the meeting of the brigade personnel (by secret or open ballot) and shall be approved by the head of the unit, which such brigades are part of.

Article 252-7. Distribution of Collective Earnings in the Brigade Using the Labour Participation Rate

The brigade can distribute collective earnings using the coefficient of labour participation. Coefficients for the members of the brigade shall be approved by the brigade personnel on the proposal of the brigade leader (brigade council).

When applying the coefficient of labour participation, the employee's salary shall not be lower than the minimum set by the state (Article 95).

Article 252-8. Mutual Liability of the Owner or His/Her Authorised Body and the Brigade

The owner or his/her authorised body of the enterprise, association, structural unit shall be responsible to the team for creating proper conditions for highly productive work (providing work, ensuring the proper condition of machinery and equipment, technical documentation, materials and tools, energy, creating safe and healthy working conditions). In case of non-fulfilment of production indicators by the brigade due to the fault of the owner or his/her authorised body, the brigade shall keep the wage fund calculated at the tariff rates. Officials guilty of violating the obligations of the owner or his/her authorised body before the brigade shall be subject to disciplinary liability, and for extra payments of the brigade – also to liability before the enterprise in the manner and amount prescribed by law.

The brigade shall be responsible to the owner or his/her authorised body of the enterprise for non-compliance with production indicators through its fault. In such cases, payment shall be made for the performed work, and bonuses and other incentives payments shall not be accrued. Losses caused to the company because of production of low-quality products due to the fault of the brigade, shall be reimbursed from its collective earnings within the average monthly earnings of the brigade. When distributing collective earnings among the members of the brigade, the guilt of specific employees for the production of low-quality products shall be taken into account.

Section XVII
COMPULSORY STATE SOCIAL INSURANCE AND PENSION PROVISION

Article 253. Persons Subject to Compulsory State Social Insurance

Persons who work under an employment contract (agreement) at enterprises, institutions, organisations, regardless of form of ownership, type of activity and management, or who work for an individual, shall be subject to compulsory state social insurance.

Article 254. Funds of Compulsory State Social Insurance

The main sources of funds for compulsory state social insurance are considered the contributions of owners of enterprises, institutions, organisations or their authorised bodies or individuals, employees. Budget and other sources of funds required for the implementation of compulsory state social insurance shall be provided by the relevant laws on certain types of compulsory state social insurance.

Article 255. Types of Material Support And Social Services Under the Obligatory State Social Insurance

Types of material support and social services under compulsory state social insurance for employees, and in some cases members for their families, conditions of their provision and amounts shall be determined by the laws of Ukraine on certain types of compulsory state social insurance, other regulations which contain norms on the compulsory state social insurance.

Article 256. Pension Provision

Employees and their family members shall be entitled to a state pension of old age, disability, in connection with the loss of a breadwinner, as well as for years of service in accordance with the law.

Section XVIII
SUPERVISION AND CONTROL OVER THE COMPLIANCE WITH LABOUR LAW

Article 259. Supervision and Control over the Compliance With Labour Law

State supervision and control over compliance with labour legislation by legal entities, regardless of their ownership form, type of activity, management, by individual entrepreneurs who use hired labour, shall be carried out by the central executive authority implementing the state policy in the field of supervision and control over compliance with labour law, in the manner prescribed by the Cabinet of Ministers of Ukraine.

Central executive authorities shall exercise the control and observance of labour legislation at enterprises, institutions and organisations under their functional subordination, except for tax authorities, which have the right to verify compliance with tax legislation to exercise such control at all enterprises, institutions and organisations, regardless of ownership and subordination.

Public control over the compliance with labour legislation shall be exercised by trade unions and their associations.

Article 260. State Supervision Over Labour Protection

State supervision over the observance of legislative and other regulatory acts on labour protection shall be exercised by:

central executive authority implementing the state policy in the field of occupational safety.

central executive authority implementing the state policy in the field of nuclear and radiation safety;

central executive authority implementing the state policy in the field of state supervision (control) in the field of fire security;

central executive authority implementing the state policy in the field of state supervision (control) in the field of technogenic safety;

central executive authority implementing the state policy in the field sanitary and epidemic safety of the population.

Article 263. Powers of Local State Administrations And Councils in the Field of Labour Protection

Local state administrations and councils within the relevant territory shall:

ensure the implementation of state policy in the field of labour protection;

form, with the participation of trade unions, programmes of safety measures, occupational health and the working environment, which are of intersectoral importance;

monitor the compliance over the regulations on labour protection.

Article 265. Liability for Violation of Labour Legislation

Officials of public authorities and local governments, enterprises, institutions and organisations guilty of violating labour legislation shall be liable in accordance with applicable law.

Legal entities and individual entrepreneurs who use hired labour, shall liable in the form of a fine in the case of:

actual admission of the employee to work without concluding employment contract (agreement), employment of the employee on part-time work in case of actual performance of work on full working hours established at the enterprise, and payment of a salary (remuneration) without accrual and payment of a unified contribution for the obligatory state social insurance and taxes – in the amount of ten minimum wages established by law at the time of detection of the violation, for each employee regarding whom the violation was committed, and a warning shall be applied to legal entities and individual entrepreneurs – payers of the first – third groups of the unified tax of using hired labour;

committing a violation provided for in paragraph 2 of this part, repeatedly within two years from the date of detection of the violation – in the amount of thirty minimum wages established by law at the time of detection of the violation, for each employee regarding whom the violation was committed;

violation of the terms established for payment of wages to employees, other payments provided by labour legislation, for more than one month, payment not in the full amount – in the amount of three minimum wages established by law at the time of detection of the violation;

non-compliance with the minimum state remuneration warranties – in the amount of two wages established by law at the time of detection of the violation, for each employee regarding whom the violation was committed;

non-compliance with the statutory guarantees and benefits for employees involved in the performance of duties under the laws of Ukraine “On General Military Duty and Military Service”, “On Alternative (Non-Military) Service”, “On Mobilisation Preparation and Mobilisation”, – in the amount of four minimum wages established by law at the time of detection of the violation, for each employee regarding whom the violation was committed, and to legal entities, and a warning shall be applied to individual entrepreneurs – payers of the first – third groups of the unified tax of using hired labour;

non-admission to the inspection on compliance with labour legislation, creating obstacles to its implementation – in the amount of three minimum wages established by law at the time of detection of the violation;

committing the actions provided for in paragraph 7 of this part, when conducting an inspection to identify violations referred to in the paragraph 2 of this part – in the amount of sixteen minimum wages established by law at the time of detection of the violation;

violation of other requirements of labour legislation, except for those provided for in paragraphs 2 – 8 of this part – in the amount of the minimum wage for each such violation;

the violation provided for in paragraph 9 of this part, repeatedly within a year from the date of detection of the violation – in the amount of two minimum wages for each such violation.

The fines imposed by part 2 of this Article are considered financial sanctions and do not belong to the administrative and economic sanctions defined in Section 27 of the Commercial Code of Ukraine.

The fines specified in part 2 of this Article shall be imposed by the central executive authority implementing the state policy on the supervision and control over the compliance with labour legislation, in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

If a legal entity or an individual entrepreneur using hired labour pays 50 per cent of the fine within 10 banking days from the date of delivery of the resolution to impose a fine for violation of labour legislation under this Article, such resolution shall be deemed executed.

In case of fulfilment of the instruction of the central executive authority implementing the state policy on the supervision and control over the compliance with labour legislation, and elimination of the revealed violations provided by paragraphs 4–6, 9, part 2 of this Article, within the terms prescribed by the instruction, prosecution measures shall not apply.

Actions to bring to justice for the violation provided for in paragraphs 2, 3, 7, 8, 10, part 2 of this Article, shall be applied simultaneously with the issuance of the instruction, regardless of the fact of elimination of violations identified during the inspection.

The fines specified in paragraph 2, part 2 of this Article may be imposed by the central executive authority specified in part 4 of this Article without state supervision (control) on the basis of a court decision on employment with an employee who performed work without concluding an employment contract, and the establishment of a period of such work or part-time work in the case of the actual performance of full-time work established at the enterprise, institution, organisation.

Execution of the resolution of the central executive authority implementing the state policy on the supervision and control over the compliance with labour legislation shall be entrusted to the bodies of the state executive service.

Payment of the fine shall not exempt from the elimination of violations of labour legislation.

Section XIX
FINAL PROVISIONS

1. During the lockdown introduced by the Cabinet of Ministers of Ukraine in order to prevent the spread of coronavirus disease (COVID-19), the terms defined in Articles 233of this Code shall be extended for the duration of such lockdown.