Publication date: 23.01.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
Recently, a draft law was registered in the Verkhovna Rada of Ukraine, which aims to change legal approaches to defining the specifics of labor relations.
- Thus, the new draft law, which determines the introduction of many novelties in the field of labor legislation, has become a hotly debated topic in Ukraine.
- We invite you to familiarize yourself with the main and important changes proposed by the new project.
- Therefore, based on a comparison with the current Code of Labor Laws of Ukraine, the following amendments to the draft law should be considered.
First, it is proposed to include a specified procedure for concluding an employment agreement in writing and in a mandatory manner.
This will also affect various types of employment contracts in a fixed-term order. Secondly, the regulation of labor relations in the plan of work with such accounting of time, which must be summed up, is also foreseen.
The same as the work of domestic workers.
Thirdly, the project also talks about the reform of the conditions and procedure for providing employees with social leave, taking into account the signs and principles of gender non-discrimination.
An important point is that it will introduce new approaches that should be used in the case of existing individual labor disputes. This also includes the mediation institute. The draft also notes the spread of norms governing collective agreements and agreements.
In addition, the deputies propose to establish certain signs aimed at identifying labor relations.
Here we note that it is proposed to determine that such contractual relations should be defined as labor based on the presence of 3 or more signs, namely:
- when a person performs his work according to a certain profession, position or qualification;
- when a person performs work on behalf of another person and under his control (in the interests of such a person);
- when there is a regulation of the work process, which has a sign of stability and the specific result of such work (work) is not determined at the same time for a certain period of time;
- when reimbursements are made for business trips (trips) or other expenses of a financial nature that are associated with the performance of work;
- when the duration of work and rest time is determined;
- when the work of a person is systematically paid;
- when the work is performed at a certain workplace and based on the rules of the internal labor procedure;
- when working conditions are organized.
In addition, it is also proposed to determine the following types of leave for employees:
- holidays in connection with studies;
- basic annual leave (paid) and other additional annual leave that must be paid;
- leave without salary;
various social holidays, such as: in connection with pregnancy and childbirth, for child care, at the birth of a child, leave for persons who adopt a child, leave for those employees who have children with disabilities. Another novelty should be considered the introduction of a new national system for the prevention of industrial risks, which should work on the principles of risk assessment and control.
Such a system is the basis for building labor relations in the countries of the European Union.
