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Legal coverage
Fixed-term contracts (FTCs)

FTC regulated: Yes

Valid reasons for FTC use: objective and material reasons

Remarks

Part two, Article 23 CLL of Ukraine allows using fixed-term employment agreement only when labour relations cannot be established for an indefinite term considering the character of the work to be done or its conditions or the worker's interests, and in other cases provided for by law.

Maximum number of successive FTCs: no limitation

Remarks

According to Article 39 CLL, if labour relations actually continue after expiration of the employment agreement and none of the parties demands their termination, validity of such agreement is deemed as extended for an indefinite term. Labour agreements that were re-concluded for one or more times, except as provided for by part two, Article 23 CLL, are deemed as extended for an indefinite term.

Maximum cumulative duration of successive FTCs: no limitation

Maximum probationary (trial) period (in months): 3 month(s)

Remarks

Art. 27 LC provides for the probationary period which can not be longer than 3 months. However it can be prolonged for 3 months more in some special cases and in consultation with appropriate representative body. In case that the employee was absent from work because of the temporary disability or other valid reasons, probation period may be extended for the number of days the employee has been absent. (Art. 27 LC)

Obligation to provide reasons to the employee: Yes

Valid grounds (justified dismissal):

Prohibited grounds: pregnancy, race, sex, religion, political opinion, social origin, nationality/national origin, trade union membership and activities, financial status, language, place of residence

Remarks

Art. 2.1 of the Labour Code provides equal labor rights for all citizens regardless of origin, social status, race, nationality, sex, language, political opinions, religious beliefs, type and nature of occupation, residence and other circumstances.

However in the cases of pregnant women, women who have children under the age of three, (or, in special circumstances supported by medical evidence, under the age of six), and single mothers who have disabled children or children under the age of 14, pursuant to Article 184 of the Labor Code, this rule does not apply in case of liquidation of an enterprise, or if the woman was on a fixed-term contract that expired. However, in these two cases, the employer is obliged to find alternative employment for employees who fall into this category.
Article 25 of the Labor Code prohibits an employer, while concluding an employment agreement with a prospective employee, from requiring any additional documentation not specified in the Labor Code.
Art. 22 LC

Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave, workers with family responsibilities

Pregnant women, women who have children under the age of three, (or, in special circumstances supported by medical evidence, under the age of six), and single mothers who have disabled children or children under the age of 14 (Art. 184 LC)
Art. 22

Notification to the worker to be dismissed: written

Notice period:

Remarks

Art. 49

Pay in lieu of notice: No

Notification to the public administration: No

Notification to workers' representatives: No

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Definition of collective dismissal (number of employees concerned) Mass redundancy is a one-time termination, or a termination:<br/><br/>Over a period of 1 month: <br/>•10 and more workers in an enterprise, establishment, or organization employing 20 to 100 workers;<br/>•10 and more per cent of workers in an enterprise, establishment, or organization employing 101 to 300 workers;<br/><br/>Over a period of 3 months: <br/>•20 and more per cent of workers in an enterprise, establishment, or organization regardless of the total number of employees<br/><br/> (Art. 48, Law on Employment).<br/>

Notification to the public administration Yes

Remarks

Article 49.4 of the Labour Code - consultation with trade unions three months before any dismissal

Notification to trade union (workers' representatives) Yes

Remarks

Article 49.2 of the Labour Code - notification to public service of employment two months before any dismissal

Notification to workers' representatives: Yes

Approval by trade union (workers' representatives) No

Approval by workers' representatives No

Remarks

Article 43 of the Labour Code: any dismissal of a worker, member of the trade union, is allowed only upon approval by the trade union.

Priority rules for collective dismissals (social considerations, age, job tenure) Yes

Remarks

Article 42 of the Labour Code: to select workers for redundancy, the preference is given to workers with higher qualification and better productivity. This provision also lists other facrtors to take into account in case of equal productivity and qualification, such as having two or more dependants, long tenure at the entreprise etc.

Employer's obligation to consider alternatives to dismissal (transfers, retraining...) Yes

Remarks

Article 42.1 of the Labour Code - the preferential right to be re-employed is granted to redundant workers during one year after their dismissal for economic reaons.

Priority rules for re-employment Yes

Remarks

Article 40 of the Labour Code: Any dismissal for economic reasons is allowed only if it is impossible to find another job acceptable for the worker.

: 1 month(s)

: 1 month(s)

: 1 month(s)

: 1 month(s)

: 1 month(s)

: 1 month(s)

: 1 month(s)

: 1 month(s)

: 1 month(s)

: 1 month(s)

: 1 month(s)

: 1 month(s)

: 1 month(s)

: 1 month(s)

: 1 month(s)

: 1 month(s)

mine workers: Yes

: No

No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): Article 235 of the Labour Code: in case of reinstatement of an unfairly dismissed worker, the compensation for idle time is limited to one-year wages. However, if the worker is not guilty of the fact that the trial lasts more than one year, the court may afford compensation of lost wages for the whole idle period.

managerial / executive positions: Yes

Article 235 of the Labour Code

police: No

Article 232 of the Labour Code

Existing arbitration: No

Burden of Proof: employer