Vacations, part-time employment, dismissal, calculation of seniority - what changes have been made to the Labor Code

03 July 2022, 19:25 | Economy
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The Chairman of the Verkhovna Rada signed and sent to the President the Law No. 7251, adopted on July 1, “On Amendments to Certain Legislative Acts of Ukraine on the Optimization of Labor Relations,” authored by Galina Tretyakova. The Verkhovna Rada has made significant changes to the legislation on labor relations, which concern, among other things, state employees and civil servants.

In particular, in accordance with the new law, amendments were made to h. 3 articles 119 of the Labor Code.

So, if earlier in the Labor Code it was prescribed that for workers called up for urgent military service, military service by conscription of officers, military service by conscription during mobilization, for a special period, military service by conscription of persons from among the reservists in a special period.

That is, they retain only the place of work and position.

The law also simplified translation and other procedures for officials..

In general, the Labor Code of Ukraine will have the following changes:.

article 23 (terms of the employment contract) was supplemented with h. 3 “The employer is obliged to inform employees working under a fixed-term employment contract about vacancies that meet their qualifications and provide for the possibility of concluding an indefinite employment contract, as well as to ensure equal opportunities for such employees to conclude it”.

the text of Article 29 (Obligation of the employer to start the work of the employee under an employment contract) is supplemented by the obligation of the employer to inform the employee about the rights and obligations, working conditions before the start of work; conduct training, etc.. , including, he can do it remotely. Familiarization of employees with orders (instructions), messages, other documents of the employer on their rights and obligations is allowed using the means of electronic communication networks specified in the employment contract with the imposition of an improved electronic signature or a qualified electronic signature. The employment contract, with the consent of the parties, may provide for alternative ways of familiarizing the employee.

article 36 (grounds for termination of an employment contract) is supplemented with:.

death of the employer - an individual or the entry into force of a court decision on recognizing such an individual as missing or declaring him dead;

death of an employee, recognition by the court as missing or declared dead;

the absence of an employee at work and information about the reasons for such absence for more than four months in a row.

article 41 (Additional grounds for termination of an employment contract at the initiative of the employer with certain categories of employees under certain conditions) added:.

the impossibility of providing the employee with work specified in the employment contract due to the destruction (absence) of production, organizational and technical conditions, means of production or property of the employer as a result of hostilities;

in article 43-1 added:.

Termination of an employment contract at the initiative of the employer without the consent of the elected body of the primary trade union organization (trade union representative) is allowed in cases.

conscription or mobilization during a special period of the employer - an individual.

dismissal of an employee due to the impossibility of providing him with work specified in the employment contract, due to the destruction (absence) of production, organizational and technical conditions, means of production or property of the employer as a result of hostilities;

Article 47: On the day of dismissal, the employer is obliged to issue to the employee a copy of the order (instruction) on dismissal, a written notice of the amounts accrued and paid to him upon dismissal (Article 116) and make settlements with him within the time limits specified in Article 116 of this Code, as well as;

in article 49-2:.

The dismissal of employees in accordance with paragraph 6 of part one of Article 41 of this Code is carried out in the following order:.

employees are personally notified of the subsequent dismissal no later than 10 calendar days;

no later than 10 calendar days before the scheduled dismissal of employees, primary trade union organizations are provided with information on these events, including information on the reasons for dismissal, the number and category of employees to whom this applies, and the timing of the dismissal. If the mass dismissal of employees in accordance with Article 48 of the Law of Ukraine "

Article 81 is deleted (Right to annual leave upon transfer to another place of work).

Article 82 (calculation of length of service giving the right to annual leave). 2 is set out in the following edition:.

the time when the employee did not actually work, but according to the law, the place of work (position) and wages were retained in full or in part (including the time of paid involuntary absenteeism caused by illegal dismissal or transfer to another job), except when employees;

in article 83:.

part 3 is excluded (it was written in it: In case of transfer of an employee to work at another enterprise, institution, organization, monetary compensation for the days of annual leave not used by him, at his request, must be transferred to the account of the enterprise, institution, organization where the employee moved).

Part 6 is set out as follows:.

In the event of the death of an employee, monetary compensation for the days of annual leave not used by him, as well as additional leave for employees with children or an adult child - a person with a disability from childhood of subgroup A of group I, not received during his lifetime, is paid to the family members of such an employee, and in case.

text of article 102-1:.

Part-time employment is the performance by an employee, in addition to the main one, of other paid work on the terms of an employment contract in his spare time from the main job at the same or another enterprise, institution, organization or employer - an individual.

Part-time employees receive wages for the work actually done.

in article 115:.

Wages to employees for the entire period of vacation are paid before the start of the vacation, unless otherwise provided by the labor or collective agreement.;

in article 116:.

On the amounts accrued and paid to the employee upon dismissal, indicating separately each type of payment (basic and additional wages, incentive and compensation payments, other payments to which the employee is entitled under the terms of the employment contract and in accordance with the law, including when.

In the event of a dispute over the amount of amounts accrued to the employee upon dismissal, the employer in any case must, within the period specified in this article, pay the amount not disputed by him.

in article 117:.

In the event of non-payment due to the fault of the employer of the amounts due to the dismissed employee within the time limits specified in Article 116 of this Code, in the absence of a dispute about their amount, the enterprise, institution, organization must pay the employee his average earnings for the entire delay until the day of actual calculation, but not more than.

If there is a dispute about the amounts due to the dismissed employee, the employer must pay the compensation specified in this article if the dispute is resolved in favor of the employee. If the dispute is partially resolved in favor of the employee, the amount of compensation for the time of delay is determined by the body that makes a decision on the merits of the dispute, but not more than for the period established by part one of this article..

in Article 119, the words “the place of work, position and average earnings are kept” were replaced by the words “the place of work and position are kept”;

Recall that in accordance with this article, earlier employees called up for military service, military service on conscription of officers, military service on conscription during mobilization, for a special period, military service on conscription of persons from among reservists in a special period or adopted.

in article 233 "

An employee may file an application for resolving a labor dispute directly with the court within three months from the day when he knew or should have known the violation of his right, except for the cases provided for in paragraph two of this article..



With an application for resolving a labor dispute in cases of dismissal, the employee has the right to apply to the court within a month from the date of delivery of a copy of the order (instruction) on dismissal, and in cases of payment of all amounts belonging to the employee upon dismissal - within three months from the date of receipt by him.

Article 234:.

If, for valid reasons, the deadlines established by Article 233 of this Code are missed, the court may restore these deadlines, if no.




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