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Legalized work of domestic workers in Ukraine

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PREMIUM 48.42
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Khyzhavska Olesia Yaroslavivna
Lawyer
Ukraine / Khmelnytskyi Oblast
Khyzhavska Olesia Yaroslavivna

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Publication date: 26.04.2024

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   Legalizing the work of domestic workers in Ukraine is an important aspect from the point of view of protecting the rights of workers and creating proper working conditions in this area. The effective legal instrument for regulating the work of domestic workers in Ukraine is the Labor Code of Ukraine.

   On April 25 of this year, the Verkhovna Rada of Ukraine amended the Labor Code of Ukraine and legalized the work of domestic workers. This law reflects the growing attention to the regulation of labor relations with domestic workers in Ukraine, which is an important step to protect their rights and create proper working conditions.
The main issues that are important in legalizing the work of domestic workers in Ukraine include:
Employment contract: Domestic workers can enter into employment contracts with employers. Such a contract should clearly define working conditions, wages, work schedule and other important aspects.
Working conditions: Ensuring proper working conditions for domestic workers, in particular regarding working hours, rest, safety and health.
Salary: Determination of the amount of salary, the procedure for its payment, as well as the possibility of providing additional payments or compensation for special working conditions.
Social Security: Ensuring domestic workers have access to social security, including health insurance, vacations, pensions, etc.
Legal protection: Provision of legal protection for domestic workers in case of violation of their rights or non-compliance with the terms of employment contracts.An individual who enters into an employment contract with a household to perform domestic work will be considered a domestic worker. Domestic work, in turn, covers work that is performed for household needs on the basis of an employment contract.

     These definitions make it possible to standardize working conditions for domestic workers and provide them with certain legal guarantees, which is an important step in improving working conditions in this area. Such clear definitions also help to avoid misunderstandings between the parties to the employment relationship and contribute to the development of social protection for domestic workers.
This law may contain various provisions that relate to aspects such as determining the status of domestic workers, working conditions, rights and social protection of this category of workers. It is also important to consider what specific changes are being made to the legislation regarding labor relations with domestic workers.

    The law provides for some flexibility in keeping the primary accounting documentation and work book for domestic workers. This allows the parties - employers and domestic workers - to independently resolve issues related to the documentation of labor relations.

    In the case of compulsory public social insurance, implemented on a voluntary basis, this may mean that participation in social insurance programs for domestic workers is not mandatory and depends on their own desire and ability. This can include different types of insurance measures, such as health insurance or pensions.This approach can have both positive and negative aspects. On the one hand, it gives more freedom to the parties in solving social issues. On the other hand, it may lead to inadequate protection for domestic workers, especially in situations where they are unable to participate in social insurance programs due to financial constraints or other reasons.

    In Ukraine, there are open searching and checking information about other person or legal entities. However, with regard to home work verification, specific data may be limited or unavailable due to confidentiality of personal information.

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