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NEW IN LABOUR LAW: PROTECTION AGAINST DISCRIMINATION,
COLLECTIVE BARGAINING AGREEMENTS AND COLLECTIVE DISMISSALS
Asters Law Firm, Legal Alert
Kyiv, Ukraine, Wed, Jun 1, 2022
On 12 May 2022, Ukrainian Parliament adopted the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Strengthening Protection of Rights of Employees" (the "Law"), which addresses aspects of protection against discrimination in employment, collective bargaining agreements and collective redundancies. The Law became effective on 27 May 2022.
Protection against discrimination
- Actions and limitation of rights of employees related to specific requirements (regarding age, education, health conditions, gender) for particular type of work or due to necessity of enhanced protection of certain individuals are not considered as discrimination in labour.
- Bylaws of commercial entities may provide for priority for its owners and members in relation to provision of work, job transfers and retaining of employment.
Guarantees when concluding an employment agreement
- The Law provides for a definition of the ''unreasonable refusal in employment'', which is a refusal with no motives or based on the grounds that are not related to qualification or competencies of an employee or do not stem from law.
- As per request of a rejected job applicant, an employer must inform such individual of the justifiable reasons of refusal in writing.
Entering into and validity of collective bargaining agreement (''CBA")
- The Law allows concluding CBAs also with a private entrepreneur that has employees and with an authorized representative of an employer, e.g. representatives of a structural unit of an entity.
- Creation of the joint representative body of trade unions requires concluding of a relevant agreement and notification of an employer.
- The Law cancelled the requirement on mandatory conclusion of a CBA within 3 months after registration of an entity.
- Employers must familiarize employees with the text of a CBA before commencement of work and within a week after signing a new CBA or its amending. Parties to a CBA must place the text of a CBA and information on its implementation progress on their official websites.
- Parties to a CBA have to ensure permanent and continuous access to a CBA and possibility of its copying.
The Law introduces a provision that collective redundancy at the initiative of an employer is, apart form existing rules, also a dismissal within 1 month of 30 and more employees of an employer with number of staff from 301 to 1000 individuals, and 3% or more employees of an employer with number of staff exceeding 1001 individuals.
The notice on collective redundancy, which is filed with the state employment service, now shall contain information regarding consultations with the employer’s primary trade union.
If there are several primary trade unions, the employer shall hold consultations with their joint representative body formed on the basis of proportional representation, or an elected body of a primary trade union (trade union representative), which unites the majority of employees of the company.
In addition, proposals of trade unions to postpone the deadlines, suspend or cancel any redundancy measures is now mandatory for consideration.