The Verkhovna Rada made significant changes to the legislation on labor relations.
The Chairman of the Verkhovna Rada signed and sent to the President the Law No. 7251, adopted on July 1, “On Amendments to Certain Legislative Acts of Ukraine on Optimizing Labor Relations” authored by Halyna Tretyakova. The Verkhovna Rada has made significant changes to the legislation on labor relations, which concern, among other things, budget employees and civil servants, reports “Sudovo-yuridychna gazeta”.
In particular, in accordance with the new law, amendments were made to Part 3 of Article 119 of the Code of Labor Laws. span>for employees,called up for military service, military service by conscription of officers, military service by conscription during mobilization, for a special period, military service by conscription of reservists in a special period or accepted for military service under a contract, including by concluding a new contract for military training service, during the validity of the special period for the period before its end or until the day of actual dismissal the place of work, position and average salary are preservedat the enterprise, institution, organization, farm, agricultural production cooperative, regardless of subordination and form of ownership, and at individuals – entrepreneurs, in which they worked at the time of the draft, nowthe phrase ” average earnings”.
That is, only the place of work and the position are saved for them.
The law also simplifies transfers and other procedures for officials.
In general, the Code of Labor Laws of Ukraine will the following changes:
Article 23(terms of the employment contract) is supplemented by part 3 “The employer is obliged to inform employees who work under a fixed-term employment contract about vacancies that meet their qualifications and provide for the possibility of concluding an indefinite employment contract, as well as to ensure equal opportunities for such employees to conclude it”
text of article 29(Obligation of the employer before the start of the employee's work under the employment contract) is supplemented by the employer's obligation to inform the employee before the start of work about the rights and obligations, working conditions; to conduct briefings, etc., including, he can do it remotely. Acquaintance of employees with orders (orders), notices, other documents of the employer regarding their rights and obligations is allowed using the means of electronic communication networks specified in the employment contract with the imposition of an improved electronic signature or a qualified electronic signature. The employment contract, upon agreement of the parties, may provide for alternative ways of getting to know the employee.
in Article 36 (grounds for termination of the employment contract) added:
death of the employer – a natural person or entry into force of a court decision declaring such a natural person missing or announcing her deceased;
the death of an employee, his/her recognition by a court as missing or declared dead;
the employee's absence from work and information about the reasons such absence for more than four months in a row.
in Article 41(Additional grounds for terminating the employment contract at the initiative of the employer with separate categories of employees under certain conditions) supplemented:
impossibility of providing the employee with the work specified in the employment contract due to the destruction (absence) of production, organizational and technical conditions, means of production or the employer's property as a result of hostilities;
in article 43-1added:
Termination of the employment contract at the initiative of the employerwithout the consent of the elected body of the primary trade union organization (trade union representative) is allowed in cases of
- conscription or mobilization during a special period of the employer – a natural person
< li>dismissal of the employee due to the impossibility of providing him with the work specified in the employment contract, due to the destruction (absence) of production, organizational and technical conditions, means of production or the employer's property as a result of hostilities;
In Article 47: On the day of dismissal, the employer is obliged to issue to the employee a copy of the order (order) on dismissal, a written notification of the amounts accrued and paid to him upon dismissal (Article 116) and to settle with him within the terms specified by Article 116 of this Code, as well as at the request of the employee make appropriate records of dismissal in the labor book kept by the employee;
in Article 49-2:
The release of employees in accordance with paragraph 6 of the first part of Article 41 of this Code is carried out in the following order:
the next release of employees is personally warned no later than 10 calendar days in advance;
p>
no later than 10 calendar days before the planned release of employees, the primary trade union organizations are provided with information about these measures, including information about the reasons for the release, the number and categories of employees who may be affected, and the terms of the release. In the event that the dismissal of employees is mass in accordance with Article 48 of the Law of Ukraine “On Employment of the Population”, the employer notifies the state employment service about the planned dismissal of employees 10 calendar days before the dismissal, and also, within five calendar days, consults with trade unions about measures on preventing dismissals or reducing their number to a minimum or mitigating the adverse consequences of any dismissals.
Article 81 < /span>excluded (The right to annual leave in case of transfer to another place of work)
In Article 82 (Calculation of length of service entitling to annual leave) Clause 2 is worded as follows:
the time when the employee actually did not work, but in accordance with the law the place of work (position) and wages were kept for him in full or in part (including the time of paid forced absenteeism caused by illegal dismissal or transfer to another job), except in cases where employees called up for fixed-term military service, military service upon conscription of officers, military service upon conscription during mobilization, for a special period, military service upon conscription of reservists during a special period or accepted for military service under a contract, including by concluding a new contract for military service, during the validity of the special period for the period before its end or until the day of actual release, the place of work and the position at the company were kept for the time of conscription;
in Article 83:
part 3 excluded(it stated: If an employee is transferred to work at another enterprise, institution, organization, monetary compensation for unused annual vacation days should be transferred to the account of the enterprise, institution, organization, at his request, where the employee transferred)
part 6 is set out in the following version:
In the event of the death of an employee, monetary compensation for unused annual leave days, as well as additional leave for employees who have children or an adult child – a person with a childhood disability of the A subgroup of the I group, which was not received during his lifetime, is paid to the family members of such the employee, and in their absence – it is part of the inheritance
text of article 102-1:
Part-time work is considered to be the performance by an employee, in addition to the main one, of other paid work under the terms of an employment contract in the time free from the main job at the same or another enterprise, institution, organization or with an employer – a natural person.
Employees who work part-time receive wages for the work actually performed.
in Article 115:< /strong> text-align: justify;”>in Article 116:
About amounts accrued and paid to the employee upon dismissal, with a separate indication of each type of payment (basic and additional wages, incentive and compensation payments, other payments , to which the employee is entitled according to the terms of the employment contract and in accordance with the law, including upon dismissal), the employer must notify the employee in writing on the day of their payment
In the event of a dispute about the amount of the sums charged to the employee upon dismissal, the employer must in any case pay the undisputed amount within the period specified by this article.
у Article 117:
In case of non-payment due to the dismissed employee due to the fault of the employerwithin the terms specified by Article 116 of this Code, if there is no dispute about their amount, the enterprise, institution, organization must pay the employee his average earnings for the entire time of delay until the day of the actual calculation, but for no more than six months.
If there is a dispute about the amounts due to the dismissed employee, the employer must pay the compensation specified in this article if the dispute is resolved in favor of the employee. If the dispute is partially resolved in favor of the employee, the amount of compensation for the time of delay is determined by the body that makes a decision on the merits of the dispute, but no longer than for the period established by part one of this article.
in Article 119the words “place of work, position and average earnings are preserved” were replaced by the words “place of work and position are preserved”; p>
We would like to remind you that in accordance with this article, previously for employees called up for fixed-term military service, military service by conscription of officers, military service by conscription during mobilization, for a special period, military service by conscription of reservists in a special period or accepted for military service under a contract, including by concluding a new contract for military service, during the validity of the special period for the period until its end or until the day of actual release, the place of work, position and average earnings at the enterprise, institution, organization, farm, agricultural production cooperative, regardless of subordination and form of ownership, and at individuals – entrepreneurs, in which they worked at the time of the draft.
in Article 233“Time limits for applying to the court for the resolution of labor disputes” (title changed)
The employee can apply for the resolution of the labor dispute directly to the court within three monthsfrom the day when he learned or should have learned about the violation of his right, except for the cases provided for in the second part of this article.
With a statement on the resolution of a labor dispute in dismissal cases, the employee has the right to appeal to the court within one month from the date of delivery of a copy of the order (order) on dismissal, and in cases regarding the payment of all amounts due to the employee upon dismissal – within a three-month period from the date of receipt by him a written notice of the amounts accrued and paid to him upon dismissal (Article 116)
In Article 234:
In the case of missing the terms established by Article 233 of this Code for valid reasons, the court may renew these terms, if from the day of receiving a copy of the order (order) on dismissal or a written notification about the amounts accrued and paid to the employee upon dismissal (Article 116), no more than one year has passed.
