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Analysis of the draft labor code № 2410-1 (UPDATED) 

Analysis of the draft labor code № 2410-1 (UPDATED) 

Previously we wrote about two labor code drafts № 2410 and № 2410-1 that were registered in Verkhovna Rada. However, draft law 2410-1 was re-submitted on November, 27. Its text differs from the previous one and contains important improvements for workers` rights.

In particular, it is necessary to highlight the following provisions:

  • All provisions regarding lockouts were eliminated from the draft law 
  • Simplification of strike procedure – Art.338 enshrines that strike may begin without mediation procedures if workers` requirements concern wage arrears, violation of labor law norms, establishment of new or change of current social and economic working conditions. Art.339 stipulates that the employer should be notified about strike beginning only in three days – in fact it is established one of the smallest notification period before strike in Europe
  • Article 2 contains prohibition of bullying at workplace and gender-based violence – this provision will harmonize our legislation with the best international practices
  • Article 57 establishes restrictions for fixed-term contracts concluding. Fixed-term contracts concluding is limited by cases in which, owing either to the nature of the work to be effected or to the circumstances under which it is to be effected or other instances provided by law, the employment relationship cannot be of indeterminate duration. 
  • Article 109 contains guarantees for the elected union leaders – their layoff is possible only after consent of the local union chapter and higher level union;
  • Article 91 defines truancy as absence at the workplace more that one day without the serious reason;
  • Article 258 has provisions about reimbursement of public transportation expenses for those employees who use public transport (except taxi) during working time for performing their work. Terms of reimbursement should be indicated in labor contract or CBA;
  • Art.136 stipulates co-payment for work in evening time – up to 15% of salary per hour. Evening time will be considered time from 6 to 10 pm.