Publication date: 11.05.2024
Draft Law No. 7731 was adopted in the second reading.
The Law on Amendments to the Code of Labor Laws of Ukraine regarding the establishment of additional grounds for terminating an employment contract at the initiative of the employer and some other issues was adopted.
In the second reading on April 25, 2024, the Law on Amendments to the Labor Code of Ukraine regarding the establishment of additional grounds for terminating an employment contract at the initiative of the employer and some other issues was adopted (draft law No. 7731 of September 5, 2022).
Thus, the law provides that the first part of Article 40 of the Labor Code of Ukraine (hereinafter referred to as the Labor Code), which provides for the termination of an employment contract at the initiative of the employer, should be supplemented with additional grounds for termination of the employment contract, namely:
entry into legal force of a court verdict by which the employee was convicted (except for exemption from serving a probationary sentence) for committing a crime against the foundations of national security of Ukraine;
non-compliance by the employee with the rules of conduct at the enterprise, institution, organization in terms of the provisions provided for by the second part of Article 142 of the Labor Code.
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It is provided that the termination of the employment contract on these grounds can be carried out only with the prior consent of the elected body (trade union representative) of the primary trade union organization of which the employee is a member.It is also planned to supplement Article 142 of the Criminal Code with two new parts of the following content:
"A component of the rules of internal labor regulations may be the rules of conduct at the enterprise, institution, organization, which contain provisions, in particular, about: provision by employees of information regarding their existing relationships with natural persons, the place of permanent residence (residence, registration) of which is on the territory of the aggressor state or the temporarily occupied territory of Ukraine; the obligation of employees not to disclose information with limited access, in particular, information that constitutes a state or commercial secret, as well as about the conditions of working with confidential information. Establishing rules of conduct at enterprises, institutions, organizations of strategic importance for the economy and security of the state, and/or objects or operators of critical infrastructure is mandatory."
As a result of the adoption of the Law on Amendments to the Labor Code of Ukraine, additional grounds for terminating the employment contract at the initiative of the employer have been established. In particular, these changes provide for the termination of the employment contract in the event that a court verdict has entered into force, by which the employee has been convicted of a crime against national security, as well as in the event that the employee does not comply with the rules of conduct at the workplace, determined by the internal labor regulations. It is important to note that prior consent of the elected body of the trade union organization is required to terminate the employment contract on these grounds.In addition, amendments are made to Article 142 of the Code, which refers to internal labor regulations, in order to ensure security and protect the interests of the state. The law is expected to be signed by the President and will enter into force three months after its publication.
