Ukraine
Answer ... The main statutes in the sphere of labour and employment law include:
- the Labour Code of Ukraine dated 10 December 1971, No 322-VIII;
- the Law of Ukraine on Remuneration dated 24 March 1995, No 108-95-BP;
- the Law of Ukraine on Employment of Population dated 5 July 2012, No 5067-VI;
- the Law of Ukraine on Vacations dated 15 November 1996, No 504-96;
- the Law of Ukraine on Collective Bargaining Agreements dated 1 July 1993, No 3356-XII; and
- the Law of Ukraine on Compulsory State Social Insurance dated 23 September 1999, No 1105-XIV.
Ukraine
Answer ... The parties to an employment agreement are free to agree on any other terms in addition to the compulsory provisions (eg, salary, employment commencement date, work regime, job function), provided that these terms do not contradict the law. However, in certain cases, a special type of employment agreement – that is, a labour contract – may be concluded with special categories of employees as envisaged by law (eg, chief executive officers, members of the executive body of the company, athletes, teachers). Among other things, such contracts may envisage additional grounds for termination and are usually concluded for a fixed term.
Ukraine
Answer ... It is not obligatory for an employment agreement to be in writing, except for certain mandatory cases (eg, agreements with minors, employment contracts, agreements for remote/home-based work). Usually, such agreements are formalised by the employee’s application and the employer’s order.
All employment agreements may be divided into the following categories:
-
Depending on the term:
-
- open-ended employment agreements;
- fixed-term employment agreements; and
- employment agreements concluded for the term for the performance of certain types of work.
-
Depending on the type of engagement in labour activity:
-
- part-time employment agreements; and
- full-time employment agreements;
-
Depending on the type of employer-employee relations:
-
- employment agreements for primary employment (usually full time); and
- employment agreements for secondary employment (additional employment agreements, usually part time).
There are also certain types of employment agreements relating to short-term and seasonal work; however, they are currently regulated by outdated statutes from the Soviet era.
Although Ukrainian employment law does not explicitly specify obligatory terms for employment agreements, in practice, the following terms must be included:
- the names of the parties;
- the employment commencement date;
- the remuneration and terms of its payment;
- the hours of work;
- the place of work; and
- a job title/job description.
Ukrainian employment law does not recognise implied clauses. However, statutory rules will have mandatory application if:
- certain issues are not regulated by the text of the employment agreement; or
- the provisions of the agreement are less favourable to the employee than the legislative rules.
Additionally, collective bargaining agreements, rules of internal labour procedure and other internal procedures may envisage supplementary benefits and terms to be followed.