Publication date: 07.05.2024
active and purposeful military lawyer with more than 4 years of experience
QUESTION
How to hire an employee? How to apply for dismissal? Is vacation paid "at your own expense"?
ANSWER
About hiring an employee
Step 1. In accordance with Article 21 of the Labor Code of Ukraine (hereinafter referred to as the Labor Code), an employment contract is an agreement between an employee and an employer, under which the employee undertakes to perform the work specified in this agreement, and the employer undertakes to pay the employee wages and to ensure the working conditions necessary for the performance of the work provided for by the labor legislation, the collective agreement and the agreement of the parties.
Submission of documents. Therefore, the process of hiring an employee is the conclusion of an employment contract with him.
According to the second part of Article 24 of the Labor Code, when concluding an employment contract, a citizen is obliged to:
• submit a passport or other identity document;
• employment book (if available) or information on employment from the register of insured persons of the State Register of mandatory state social insurance, and in the cases provided for by law, also a document on education (specialty, qualification), on health;
• relevant military registration document and other documents.
Other documents may be:
• a copy of the tax payer's registration card (according to clause12 of Chapter 2 of Section IV of the Rules for the Organization of Recordkeeping and Archival Storage of Documents in State Bodies, Local Self-Government Bodies, Enterprises, Institutions and Organizations, approved by the Order of the Ministry of Justice of Ukraine dated June 18, 2015 No. 1000/5 (hereinafter — Rules No. 1000/5 ), this document must be in the personal files of employees);
• pension certificate;
• documents confirming the disability of the employed person;
• ID card of a participant in hostilities, a person with a disability as a result of the war, a participant in the war;
• Chernobyl certificate;
• birth certificate (a) of the employee's child(ren);
• a document confirming the status of a single mother;
• a document on the child's disability;
• other documents entitling the employee to additional benefits and guarantees in accordance with current legislation.
According to the first part of Article 24 of the Labor Code, an employment contract is concluded, as a rule, in writing. Compliance with the written form is mandatory:
1) in case of organized recruitment of employees;
2) when concluding an employment contract for work in areas with special natural geographical and geological conditions and conditions of increased health risk;
3) during the conclusion of the contract;
4) in cases where the employee insists on concluding an employment contract in writing;
5) when concluding an employment contract with a minor (Article 187 of the Labor Code);
6) when concluding an employment contract with an individual;
6-1) when concluding an employment contract on remote work or home work;
6-2) when concluding an employment contract with non-fixed working hours;
7) in other cases provided for by the legislation of Ukraine.
Pay attention! In accordance with Part 1 of Article 2 of Law No. 2136, during the period of martial law, the parties agree to determine the form of the employment contract.
In accordance with the fourth part of Article 24 of the Labor Code, an employee cannot be allowed to work without concluding an employment contract drawn up by an order or decree of the employer, and a notification to the central executive authority on issues of ensuring the formation and implementation of state policy on the administration of a single contribution to the mandatory state social security insurance on hiring an employee in accordance with the procedure established by the Cabinet of Ministers of Ukraine.
Step 2.Therefore, the next step after receiving the necessary documents from the employed person is the conclusion of an employment contract in written or verbal form, issuing an order to hire an employee (if the employment contract is concluded in writing, then it is the basis for issuance of an order, if the employment contract is concluded verbally, then the basis for issuing the order will be the employee's application for employment) and the submission of a notice of employment of the employee to the territorial bodies of the State Tax Service, which is approved by the resolution No. 413 of the Cabinet of Ministers of Ukraine dated June 17, 2015 "On the procedure for notifying the State Tax Service and its territorial bodies about hiring an employee/concluding a gig contract."
Informing the employee. In accordance with Article 29 of the Labor Code, before starting work, the employer is obliged to inform the employee in a manner agreed with the employee about:
1) place of work (information about the employer, including his location), the job function that the employee is required to perform (position and list of job duties), the date of the start of work performance;
2) designated workplace, provision of necessary means for work;
3) rights and obligations, working conditions;
4) the presence at the workplace of dangerous and harmful production factors that have not yet been eliminated, and the possible consequences of their impact on health, as well as the right to benefits and compensation for work in such conditions in accordance with the legislation and the collective agreement - for signature;
5) the rules of the internal work schedule or the conditions for establishing the work regime, the duration of working hours and rest, as well as the provisions of the collective agreement (in case of its conclusion);
6) training in labor protection, industrial sanitation, occupational hygiene and fire protection;
7) organization of professional training of employees (if such training is provided);
8) duration of annual leave, terms and amount of remuneration;
9) the procedure and terms of notice of termination of the employment contract established by the Labor Code, which must be observed by the employee and the employer.
Step 3.The employer's next step after concluding an employment contract with a new employee will be to submit information about the employee's acceptance on the website of the Pension Fund of Ukraine, fill out his employment book (if necessary), fill out the employee's personal card (standard form No. P-2), which was approved by a joint order of the State Committee of Statistics of Ukraine and the Ministry of Defense of Ukraine dated December 25, 2009 No. 495/656 "On approval of the standard form of primary registration No. P-2 "Employee's personal card".
According to Article 48 of the Labor Code, the record of the employee’s labor activity is carried out in electronic form in the register of insured persons of the State Register of mandatory state social insurance in accordance with the procedure established by the Law of Ukraine dated July 8, 2010 No. 2464-VI "On the collection and accounting of a single contribution to mandatory state social insurance".
At the request of an employee who is hired for the first time, the employer must draw up a work book no later than five days after hiring.
The employer, at the request of the employee, is obliged to enter in the work book kept by the employee, records of hiring, transfer and dismissal, incentives and awards for success at work.
Personal file is a set of documents that contain the most complete information about the employee, his biographical data, information about education, military service, marital status, professional and work activities.
In accordance with Articles 493 and 495 of the List of standard documents created during the activities of state bodies and local self-government bodies, other institutions, enterprises and organizations, with an indication of the terms of storage of documents, approved by the order of the Ministry of Justice of Ukraine dated April 12, 2012 No. 578/5, personal cases are mandatorily conducted against company managers, employees, professionals, specialists and part-time workers.
Personal cases are also mandatorily conducted for employees (regardless of the classification category) who:
• are known political figures;
• are members of creative unions;
• have the highest degrees of distinction, honorary titles;
• have scientific degrees and scientific titles;
• are scientific workers who do not have scientific degrees and scientific titles.Employers decide on their own whether to keep the personal files of employees whose professions belong to labor or the simplest.
The personal file continues to be formed throughout the entire period of the employee's work at the enterprise.
Registration of dismissal of the employee.
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An employee may be dismissed at the initiative of one of the parties or at the request of third parties.
The grounds for termination or termination of an employment contract (which means dismissal of an employee) are specified in Articles 36, 38, 39, 40, 41 of the Labor Code.
For each of the reasons, the procedure for dismissing an employee will be different, but a general algorithm can be noted that can be followed when dismissing an employee for any reason.
