More than half a year has passed since the first reading of the bill. And finally, the deputies got their hands on labor reform during the war.
The Verkhovna Rada Committee on Social Policy at its regular meeting recommended the adoption of the bill in the second reading №5388. Its norms concern the establishment of a new procedure for concluding a fixed-term employment contract, reducing the number of mandatory personnel documents, according to the website of the Verkhovna Rada.
Secretary of the Committee, Chairman of the Subcommittee on Regulation of Labor Relations and Employment Mykola Babenko noted that the final version of the bill is a compromise and agreed by all parties to the social dialogue and public authorities. To prepare the bill for the second reading, 457 proposals and amendments were made to the document.
“We have reached a consensus on all positions. The main thing is to have a balance, “Babenko said.
The main provisions of the bill for the register. № 5388, in particular, relate to the new procedure for concluding a fixed-term employment contract; reducing the number of mandatory staff documents and implementing the provisions of European Union legislation.
It is significant that more than six months have passed since the first reading of the bill. And finally, during the war, the deputies managed to carry out labor reform.
Yes, the bill proposes the following key steps to deregulate labor relations:
- Simplify the procedure for concluding fixed-term employment contract.
The employer and the employee in the employment contract will be able to agree on additional terms of employment. In particular, it concerns the definition of additional rights and obligations of the parties, the improvement of working and leisure conditions, the grounds and conditions for termination of relations.
Additional guarantees are also introduced to ensure for fixed-term workers the possibility of further employment for an indefinite period, which meets the requirements of Council Directive 1999/70/EC on the Framework Agreement on work for a specified period.
- Provide the employer with the opportunity to check the competence of the employee.
The bill identifies the most vulnerable categories of workers who are prohibited from setting a probationary period that meets international requirements for the protection of such persons.
- Clearly define the procedure for providing the employee terms of the employment contract
The bill sets the minimum amount of information that an employer must provide to an employee. In particular, the employee will be informed about his rights and job responsibilities, working conditions, work and leisure schedule, salary, duration of leave, additional guarantees provided by the collective agreement, as well as the procedure for termination of employment. These provisions of the law meet the requirements of Council Directive 91/533/EEC and Directive (EU) 2019/1152.
- The employer and the employee will independently agree on the feasibility of maintaining the following documents: rules of internal labor regulations and shift schedules; leave schedules and notifications of the beginning of leave, notifications of changes in significant working conditions (except in cases of their deterioration).
- Provide alternative regulation of certain aspects of work in labor agreement.
- Change the mechanism of trade union participation in the termination of the employment contract.
- Update liability issues./li>
Time of beginning and end of work, days off, the order of work with changes, involvement in overtime work and work on weekends can be determined both by general regulations of the employer and individual employment contract with individual employee.
In appropriate cases, the procedure for obtaining the consent of the trade union is replaced by the procedure of informing and conducting consultations, which significantly simplifies personnel work and meets international standards.
The document specifies the conditions of liability of the employee. The procedure of liability is also optimized, which creates additional guarantees and the employer's interest in formalizing the employment relationship in order to reduce the risk of loss or damage to the means of production during the work.
During the meeting of the Committee, the deputies approved the comparative table to the bill:
