In Ukraine, the termination of employment can occur under specific circumstances, as outlined by the Ukrainian Labour Code.

Lawful Grounds for Dismissal

The lawful reasons for dismissal are categorized into those initiated by the employer and those initiated by the employee.

Employer-Initiated Dismissal

• Employee misconduct: This includes serious violations of labour discipline, absenteeism, or appearing intoxicated at work.
• Employee incompetence: If an employee demonstrably lacks the skills or qualifications required for the job.
• Redundancy: Due to company restructuring or downsizing.
• Company closure or liquidation.

Employee-Initiated Dismissal

• Resignation with notice: Employees have the right to resign by providing their employer with written notice, typically two weeks in advance.
• Breach of contract by employer: If the employer fails to meet their obligations under the employment contract, the employee can terminate with cause.

Notice Periods

The required notice period for termination depends on the reason for dismissal:

• Employer-initiated dismissal (except redundancy or liquidation): One month's written notice to the employee.
• Employer-initiated redundancy or liquidation: Two months' written notice to the employee.
• Employee-initiated resignation: Two weeks' written notice to the employer.

There are some exceptions to these notice periods outlined in the Ukrainian Labour Code.

Severance Pay

Ukrainian law mandates severance pay for employees in certain situations:

• Redundancy: Employees are entitled to severance pay equivalent to their average monthly salary.
• Company closure or liquidation: Severance pay is determined based on an employee's average salary and length of service.
• Employee dismissal due to employer breach of contract: The employee may be entitled to severance pay depending on the nature of the breach.

Ukraine's anti-discrimination framework, while still evolving, offers protection against discrimination on various grounds. The Constitution of Ukraine is the core legislation outlining anti-discrimination principles. Article 23 guarantees equal rights and opportunities for all citizens and prohibits discrimination based on several characteristics. Additional protected grounds are emerging through the Law of Ukraine "On Ensuring Equal Rights and Opportunities for Women and Men" (2005) and the Law of Ukraine "On the Principles of Prevention and Combating Discrimination in Ukraine" (2012).

Protected Characteristics

The Law of Ukraine "On Ensuring Equal Rights and Opportunities for Women and Men" protects against gender discrimination. The Law of Ukraine "On the Principles of Prevention and Combating Discrimination in Ukraine" prohibits discrimination based on a broader range of characteristics, including but not limited to race and ethnicity, political beliefs, religion or creed, age, disability, sexual orientation and gender identity, and language. It's important to note that this law is still under development, and the final list of protected characteristics may be expanded in the future.

Redress Mechanisms

Individuals who believe they have been discriminated against can pursue various avenues for seeking redress. Many organizations have established internal mechanisms for handling discrimination complaints. Individuals can also apply to the Commissioner for Human Rights of the Verkhovna Rada of Ukraine, an independent body that investigates complaints and can recommend corrective measures. Additionally, individuals have the right to file lawsuits against those who discriminated against them.

Employer Responsibilities

Employers in Ukraine have a responsibility to foster a discrimination-free workplace. This includes developing and implementing an anti-discrimination policy, providing training on anti-discrimination laws, recognizing discriminatory behavior, and appropriate reporting mechanisms. Employers are also responsible for creating a diverse and inclusive workplace, promoting equal opportunities for all employees regardless of their protected characteristics. They must take all reports of discrimination seriously, conducting impartial investigations, and taking appropriate disciplinary action if necessary.

Ukrainian labor law establishes guidelines to ensure a safe and balanced work environment for employees. This guide explores key aspects of working conditions in Ukraine, including work hours, rest periods, and ergonomic requirements.

Work Hours

The standard workweek in Ukraine is 40 hours, spread across five days with a maximum of eight hours per day. Night work (between 10 pm and 6 am) is regulated, with limitations on total night working hours and additional compensation requirements.

Rest Periods

Ukrainian law mandates breaks and rest periods for employees to prevent fatigue and ensure well-being:

• Lunch Break: Employees are entitled to a minimum uninterrupted lunch break of at least 30 minutes, which is not considered working time.
• Shorter Breaks: Additional short breaks for rest and relaxation are recommended throughout the workday, particularly for tasks requiring intense concentration.
• Daily Rest: Employees must have a minimum of 11 consecutive hours of rest between workdays.
• Weekly Rest: All employees are entitled to two consecutive days of rest, typically Saturday and Sunday.

There are exceptions to these standard rest periods outlined in the Ukrainian Labour Code for specific industries or situations requiring continuous operations.

Ergonomic Requirements

The Ukrainian Cabinet of Ministers has established guidelines for ergonomic requirements in the workplace. These recommendations promote the design of workplaces and work processes that minimize physical strain and discomfort for employees. Key elements include:

• Workstation Design: Ensuring proper furniture dimensions, adjustable seating, and adequate lighting to prevent musculoskeletal disorders.
• Work Organization: Encouraging breaks with movement and stretches to reduce prolonged static postures.
• Work Equipment: Providing suitable tools and equipment that are ergonomically designed and appropriate for the task.

While these ergonomic requirements are not strictly mandatory, employers are encouraged to implement them to create a healthier and more productive work environment.

Ensuring a safe and healthy work environment is a shared responsibility between employers and employees in Ukraine. The primary legal framework is established by the Occupational Safety and Health Act of 2006 (OSHA). This guide explores the key regulations, outlining employer obligations, employee rights, and the enforcement bodies responsible for upholding these standards.

Employer Obligations

The OSHA places significant responsibility on employers to safeguard the well-being of their workforce. Some key obligations include:

• Hazard Identification and Risk Assessment: Regularly evaluating the workplace to identify potential hazards and implementing control measures to mitigate risks.
• Providing a Safe Work Environment: This encompasses maintaining a clean and sanitary workplace, ensuring proper ventilation and lighting, and addressing overcrowding.
• Personal Protective Equipment (PPE): Employers must provide suitable PPE to employees exposed to specific hazards and ensure proper training on its use.
• Safe Work Practices: Developing and implementing safe work procedures for various tasks and ensuring employees are trained on them.
• Health Monitoring: Depending on the work environment, employers may be required to conduct health monitoring programs for employees exposed to specific hazards.

Employee Rights

Employees in Ukraine have the right to a safe and healthy workplace. OSHA empowers them with the following rights:

• Right to a Safe Work Environment: Employees can refuse to work in unsafe conditions and report any identified hazards to their employer or the enforcing authorities.
• Access to Information and Training: Employees have the right to receive information and training on workplace hazards, safe work practices, and the proper use of PPE.
• Medical Examinations: Employees are entitled to undergo mandatory medical examinations at the employer's expense, depending on their profession and potential health risks.

Enforcement Agencies

The Ministry of Social Policy of Ukraine (MSPS) is the primary government body responsible for enforcing OSHA alongside the State Service for Labor at the MSPS (SSLU). These agencies conduct inspections, investigate complaints, and have the authority to issue fines for non-compliance.