Publication date: 17.05.2024
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In accordance with the Law of Ukraine dated July 19, 2022 No. 2434-IX "On Amendments to Certain Legislative Acts on Simplifying the Regulation of Labor Relations in the Field of Small and Medium Enterprises and Reducing the Administrative Burden on Entrepreneurial Activity", the Labor Code of Ukraine (hereinafter - Labor Code ) supplemented by Chapter III-B "Simplified mode of regulation of labor relations".
According to Article 495 of the Labor Code, the simplified regime for regulating labor relations applies to labor relations arising:
• between an employee and an employer who is a subject of a small or medium-sized business in accordance with the law with an average number of employees for the reporting period (calendar year) of no more than 250 people;
• between an employer and an employee whose monthly salary is more than eight times the minimum wage established by law.
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About changes in the Labor Code
Also, Article 21 of the Labor Code has been supplemented with provisions according to which, in the conditions of a simplified regime for regulating labor relations, the labor contract is the main means of regulating labor relations between the employee and the employer.In the conditions of the simplified regime and provided that this does not contradict other provisions of the Labor Code, the parties to the labor contract may, taking into account the provisions of Chapter III of the Labor Code, at their own discretion and by mutual agreement, regulate their relations in terms of the creation and termination of labor relations, the wage system, labor standards, the amount of wages, taking into account the legally established minimum wage, allowances, supplements, bonuses, rewards and other incentive, compensation and guarantee payments, norms of working hours and rest with observance of the normal duration of working hours per week, duration of weekly uninterrupted rest and other rights and guarantees , defined by the Labor Code.
The employee is considered informed about the working conditions and the presence/absence of dangerous factors at his workplace from the moment he signs the employment contract.
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Conclusion of an employment contract
The employment contract is concluded in writing in the state language in two copies (one copy for each of the parties).
Upon agreement between the employee and the employer, the employment contract can be concluded in the form of an electronic document in accordance with the Law of Ukraine dated May 22, 2003 No. 851-IV "On electronic documents and electronic document circulation".Start reading
At the same time, it should be taken into account that, in accordance with the requirements 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 order of the employer, and notifying the authorities of the State Tax Service of Ukraine about accepting the employee for work in accordance with the procedure established by the Cabinet of Ministers of Ukraine.
Thus, the conclusion of an employment contract, including under the simplified regime of regulation of labor relations, is formalized by an order (order) of the employer, and a notification is submitted to the authorities of the State Tax Service of Ukraine.
