Article 3 of the Labour Code

Law on Employment, adopted in 2013, compared to the Labour Code of 1972, contains only a new definition of mass redundancy

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.

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.

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)

Art.47

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)

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

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

Art. 49

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

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

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.

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.

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.

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.

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.

Article 235 of the Labour Code

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.

Article 232 of the Labour Code

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.