Publication date: 19.05.2024
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Work of domestic workers: review of the draft law
On April 10, 2023, the Verkhovna Rada of Ukraine adopted as a basis the draft Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Regulation of the Labor of Domestic Workers" (draft law No. 5695 of June 23, 2021; hereinafter — draft law No. 5695).
Now draft law No. 5695 is being prepared for the second reading. We suggest considering its main norms.
Draft Law No. 5695 was developed with the aim of regulating the issue of employment and official employment of domestic workers, ensuring their social protection, as well as reducing the level of undeclared work.
Draft Law No. 5695 provides for the addition of the Code of Labor Laws of Ukraine (hereinafter referred to as the Labor Code) with a new Chapter XI-A "Regulation of the Labor of Domestic Workers", consisting of six new articles (1732-1737), which define the concepts of domestic labor and domestic workers, enshrine the legal the status of domestic workers and the peculiarities of its legal regulation, the mandatory conditions of employment contracts with domestic workers are determined.
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Thus, Article 1732 of the Labor Code defines that a domestic worker is an individual engaged in domestic work within the framework of labor relations with an employer.
Domestic work is work that is performed under the terms of an employment contract (contract) for the purpose of servicing the household.
The employer of a domestic worker is considered to be a natural person who is one of the members of the household.
Article 1733 of the Labor Code stipulates that domestic workers enjoy all labor rights and guarantees provided for by labor legislation, including safe and healthy working conditions.The peculiarity of concluding an employment contract with domestic workers is that it is concluded only in writing. Questions regarding the need to maintain primary accounting documentation and the work book of a domestic worker are decided by the parties themselves.
A domestic worker is allowed to work only after the employer notifies the central executive authority on matters of ensuring the formation and implementation of the state policy on the administration of a single contribution to the mandatory state social insurance on the employment of a domestic worker.
Domestic workers are not allowed to employ persons under the age of 16.
Article 1734 of the Labor Code provides for the possibility for the employer to provide the domestic worker with paid or unpaid housing, because the performance of labor duties is usually carried out directly on the territory of the employer's housing.
A separate statutory guarantee is provided for the domestic worker regarding the need to ensure respect for his honor, dignity and inviolability of his personal life. At the same time, the employer is given a guarantee that the domestic worker is prohibited from disclosing confidential information that has become known to the domestic worker in connection with his performance of his work duties and living in the household.
Article 1735 of the Labor Code regulates the working time and rest time of domestic workers taking into account the specifics of their work, and specifically provides for alternative options for choosing a working time accounting system.For example, if due to the specifics of domestic work, it is impossible to observe the weekly duration of working hours prescribed by law, then it is allowed to introduce the summary accounting of working hours, so that the duration of working hours for a monthly accounting period does not exceed the normal number of working hours.
