Termination of Employment and Job Protection

The procedure for terminating a labour agreement or a labour contract is governed by Article 36 through 45 of the Labour Code.

Pursuant to Article 40 of the Labour Code, an employer may terminate a labour agreement before its expiration only in a limited number of cases, including staff redundancy, the employee’s systematic failure to fulfill his/her employment duties, the employee’s unjustified absence from the workplace for more than 3 consecutive hours during one working day, etc. Article 36 of the Labour Code does provide, however, that a labour contract (as opposed to a labour agreement) may also be terminated on any of the grounds specified in the contract.

Ukrainian law prohibits the dismissal of pregnant women, women who have children below the age of 3, and single mothers who have children below the age of 14 or disabled children. Pursuant to Article 184 of the Labour Code, this rule does not apply either in the event of the liquidation of the enterprise or if the woman was on a fixed-term contract which expired. However, in these two cases, the employer is obliged to find alternative employment for employees who fall into this category.

The Labour Code provides that the dismissal of an employee, who is a trade union member, requires the prior consent of the trade union in certain circumstances. In cases where consent of the relevant trade union is required for termination, the employer should request such consent prior to the termination.

1. Give the definition of ‘labour agreement’ under the UkrainianLabor Code?

2. What is the difference between a “labour agreement” and a “labour contract”?

3. What period of time are labour agreements usually concluded for?

4. What provisions may be included into a labour contract?

5. Are there any factors, preventing from getting a job?

6. What information does Labour Book contain?

7. When does an employer have the right to fire an employee?

8. What wage do Ukrainian people receive?

9. What is the work week in Ukraine?

10. Who covers sick leave compensations in Ukraine?

11. When does employer have the right to terminate a labour contract or a labour agreement?

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