Publications Legislative innovations in employment

The amendments to the Ukrainian Labour Code (hereinafter referred to as the Labour Code), which were adopted at the end of 2014, are primarily aimed at legalizing work and protecting workers' rights.

Legislative innovations in employment

It is necessary to remember that if you are working without a proper employment relationship, then:

  • Due to the impossibility of documenting the length of service, the pension will not be counted;
  • You are not protected by the labor legislation of Ukraine in terms of guarantees against unlawful dismissal,
  • You’re not entitled to social security,
  • It is unlikely that you will bring any claims against the employer in the event of non-payment or late payment of wages.

Under art. 232 of the Labour Code, citizens working without formal employment have the right to apply to the courts. If you are working without a labour contract, you have the right to apply to a court for the establishment of the employment relationship in question, with a determination of the duration of the work without proper formalities.

In deciding whether to formalize an employment relationship with an employee, At the same time, the court is obliged to decide on the calculation and payment of the employee’s salary in the amount of not less than the average salary in a certain region and for a certain economic activity, without taking into account the amounts actually paid to the employee.

poryadok-priema-na-rabotu

It should be noted that there has been a significant increase in the number of posts for breach by the employer of the procedure for recruitment and late payment of wages.

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