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 months

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

Remarks

Art.47

Valid grounds (justified dismissal): worker's conduct, worker's capacity, economic reasons

Remarks

Termination of a labour agreement on the initiative of the owner or authorized agency according to Art. 40:

1) changes in production and labor organization, including liquidation, reorganization, bankruptcy or conversion of enterprises, institutions, organizations, downsizing or staff;

2) revealed inconsistencies in employee's professional duties or work performed as a result of inadequate training and health, which hinder the continuation of this work, as well as in the case of refusal of access to state secrets or cancel access to state secrets, if the fulfillment of its responsibilities 'Relations requires access to state secrets;

3) systematic failure of an employee in performing duties, without a good reason, imposed by the labor contract or internal regulations, if applied to an employee before disciplinary action or civil penalty;

4) absence (including absence from work for more than three hours during the working day) without good reason;

5) absence from work for more than four consecutive months due to sick leave, excluding maternity and lineages, if the legislation does not set a longer term preservation of jobs (positions) at a certain disease. For workers who have lost capacity due to industrial injury or occupational disease, workplace (office) is kept to a rehabilitation or a disability;
6) reinstatement of an employee who previously performed this work;

7) appearance at work drunk, or by the influence of drugs or toxic substances;

8) committing theft in the workplace

Dismissal on the grounds specified in paragraphs 1, 2 and 6 of this Article shall be allowed, if you can not transfer an employee with his consent, to another job.

{Part three of Article 40 is excluded on the basis of Law N 6/95-VR on 19/01/95}

The dismissal on the initiative of the owner or authorized body is not allowed during employee's temporary disability (other than dismissal under paragraph 5 of this article) and for the period while the employee is on vacation. This rule does not apply in case of complete liquidation of the enterprise, institution or organization.
Also, art. 41 LC states that additional reasons for termination may be:
1.A gross violation of duty by the CEO, his/hers deputies, chief accountant etc.
2.Violation of duties of an employee who directly deals with with
money, commodities or cultural valuables if such
actions resulted in the loss of his employer's confidence
3.Immoral actions by a tutor

Workers on probation may be dismissed without the consent of the relevant trade union if they are not suitable for the work for which they were hired (Article 28 LC)

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

Remarks

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

tenure ≥ 6 months:

  • All: 2 months.

tenure ≥ 9 months:

  • All: 2 months.

tenure ≥ 1 year:

  • All: 2 months.

tenure ≥ 2 years:

  • All: 2 months.

tenure ≥ 4 years:

  • All: 2 months.

tenure ≥ 5 years:

  • All: 2 months.

tenure ≥ 10 years:

  • All: 2 months.

tenure ≥ 20 years:

  • All: 2 months.

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:

Over a period of 1 month:
•10 and more workers in an enterprise, establishment, or organization employing 20 to 100 workers;
•10 and more per cent of workers in an enterprise, establishment, or organization employing 101 to 300 workers;

Over a period of 3 months:
•20 and more per cent of workers in an enterprise, establishment, or organization regardless of the total number of employees

Prior consultations with trade unions (workers' representatives): Yes

Remarks

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

Notification to the public administration: 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 public administration or judicial bodies: 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 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.

Priority rules for re-employment: 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.

tenure ≥ 6 months: 1 months

tenure ≥ 9 months: 1 months

tenure ≥ 1 year: 1 months

tenure ≥ 4 years: 1 months

tenure ≥ 5 years: 1 months

tenure ≥ 10 years: 1 months

tenure ≥ 20 years: 1 months

Redundancy payment:

tenure ≥ 6 months: 1 months

tenure ≥ 9 months: 1 months

tenure ≥ 1 year: 1 months

tenure ≥ 2 years: 1 months

tenure ≥ 4 years: 1 months

tenure ≥ 5 years: 1 months

tenure ≥ 10 years: 1 months

tenure ≥ 20 years: 1 months

Notes / Remarks

Notes

At least 1 month of payment is foreseen by the Labour Code in case of redundancy or worker-related dismissals. Higher payment is foreseen in several other cases, such as employment termination to fulfill a military duty, or employer's breach of the labour legislation.

Compensation for unfair dismissal - free determination by court: Yes

Compensation for unfair dismissal - Are there legal limits?:

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.

Reinstatement available: Yes

Remarks

Article 235 of the Labour Code

Preliminary mandatory conciliation: Yes

Remarks

Commission on Labour Disputes (CLD): Article 221 of Labour Code provides that it is an obligatory first pre-trial instance to resolve the individual labour disputes at the work level, for enterprises and organizations that have more than 15 employees. If the number of employees is less than 15 employees, there is no obligation to establish CLD and such employees could directly address to the court for the protection of their labour rights (article 232 of Labour Code). The CLD decision is a special form of pre-trial procedure and could not be considered as arbitration. Art. 232 of the Labour Code set out disputes that can be considered only in the courts and cannot be subject of CLD procedures.

Competent court(s) / tribunal(s): ordinary courts

Remarks

Article 232 of the Labour Code

Existing arbitration: No

Burden of Proof: both

Remarks

According to article 81 of Civil Procedure Code, each party shall prove the circumstances to which it refers as the basis of its claims or objections, except as provided in this Code. In cases of discrimination, the plaintiff is required to provide factual evidence that the discrimination has taken place. If such information is provided, the defendant shall rely on proof of its absence.