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Questions and answers on legal parts

  • Employment/Labour issues
  • Temporary residence permit in Poland
  • Social Welfare Programs
  • Access to education
  • Driving license and vehicles registration
  • Rules for pet owners
  • Entering Italy
  • Labor issues / Employment in Poland
  • Staying in Poland
  • Temporary protection in Poland
  • Healthcare in Poland
  • Access to Ukrainian documents in Poland
  • Housing in Poland
  • Access to education
  • Labour rights of Ukrainians in Spain
  • Emergency contacts in Spain
  • Access to healthcare
  • Staying in Italy
  • Inheritance
  • Social Security in Poland
  • Driving licence, car Issues etc. in Poland
  • Entering Spain
  • Human rights
  • Entrepreneurship opportunities
  • Legal regime of Ukrainians in Belgium
  • Migration status of Ukrainians in Belgium
  • Access to healthcare
  • Emergency contacts
  • Conditions for crossing the border with the country
  • Legal regime under which Ukrainians can stay in the country
  • Access to healthcare
  • Housing, land and property (HLP)
  • Staying in Spain
  • Staying in Hungary
  • Access to education
  • Emergency contacts in the Czech Republic
  • Labour right in Hungary and employment opportunities
  • Emergency contacts in Hungary
  • Entering Hungary
  • Temporary protection (GR)
  • Staying in the Czech Republic
  • Access to education
  • Emergency contacts in France
  • Emergency contacts in Italy
  • Crossing the border
  • Access to education in Italy
  • Where can I have free legal advice in Poland?
  • Labour rights of Ukrainians in Italy
  • Business in Italy
  • Pension
  • Staying in Germany
  • Clarification of State Labor Service
  • Entrepreneurship
  • Citizenship, temporary and permanent residenceship
  • Divorce, Separation and Maintenance (Family relations)
  • Children and minors (adoption, temporary placement, custody/care, etc.)
  • Staying in France
  • Conscription
  • Labour rights of Ukrainians in the Czech Republic
  • Compensation for damaged or destroyed property
  • Access to healthcare
  • Business in the Czech Republic
  • Entering France
  • Children’s rights and family issues in Poland
  • Access to education
  • Labour rights of Ukrainians in France
  • Business in France
  • Business opportunities in Hungary
  • Access healthcare
  • Employment of Ukrainians in Germany
  • Assistance for Ukrainians in France
  • Access to education
  • Business in Germany
  • Access to healthcare
  • Assistance for Ukrainians in Germany
  • Internally displaced persons (all you need to know)
  • Registration of death
  • Entering the Czech Republic
  • Going abroad (all you need to know)
  • Appeal
  • Access to healthcare
  • Children's rights
  • Diia and State eElectronic services
  • Operation of courts, registers and other institutions
  • Health insurance in Austria for Ukrainians
  • Mortgage and loan issues
  • Emergency contacts in Austria
  • Conditions for crossing the border with Austria
  • Legal status of Ukrainians in Austria
  • Migration status of Ukrainians in Austria
  • Missing Person – search, recognition and declaration of death
  • Emergency contacts in Belgium
  • Conditions for crossing the border with Belgium
  • Conditions for crossing the border with Sweden
  • Legal status of Ukrainians in Sweden
  • Emergency contacts in Poland
  • Migration status of Ukrainians in Sweden
  • Reefugees, asylum, temporary protection seekers, etc.
  • Charitable, public and volunteer activities
  • Regulation of volunteer activities and NGOs
  • Guardianship and care of the elderly
  • Registration of birth
  • Ukrainian Parliament Commissioner for Human Rights
  • Housing issues, health care and education for IDPs
  • Recovery/receiving personal documentation

If downtime occurs through no fault of the employee, for example, due to a temporary suspension of production or other circumstances for which the employee is not responsible, his or her salary for this time must be paid in the amount of at least two-thirds of his or her salary.


Ukrainians can work in Belgium if they:

 

o  had an A card or Annex 15;

o  registrated with the State Employment and Vocational Training Service via the link.

 

The Employment Centre can help you find a job, provide access to foreign language courses, or help you learn a new profession. You can contact the centre by phone at +32(0)2 233 41 11 or visit the website.

 

The procedure for obtaining a work permit consists of the following steps:

 

o  the employer submits an application for a work permit to the Belgian immigration authorities;

o  the authorities forward the work permit to the Belgian embassy in the employee's country of residence;

o  the employee visits the Belgian embassy in his/her home country to apply for a residence visa;

o  in Belgium, the employee registers his/her arrival at the local authority and records his/her address of residence;

o  the employee applies for and receives an identity card.

 

In the brochure published by the Federal State Service of Justice, you will find information on the specifics of labour rights protection.

 

You can also find information on the website of the Federal Service for Employment, Employment and Social Dialogue on the employment of foreign nationals in Belgium.

 

There are several types of work permits in Belgium: A, B, C.

 

The A-type permit is the most privileged and can be obtained only after several years of work. To obtain this permit, the applicant has to have held a type B permit for four years within a continuous ten-year stay in Belgium. A type A permit is valid indefinitely.

 

Type B is the most common among labour migrants but is limited. This permit allows foreign nationals to work in positions that cannot be filled by Belgian nationals. It is valid for one year, after which it can be extended.

 

Type C is issued to foreigners who have the right to stay in Belgium for reasons other than employment. This permit is issued to students and other temporary visitors. It is valid for a maximum of one year.

 

Documents are processed at the Ministry of Economic Migration, more details can be found on this website.


A person who has applied for refugee status has the right to work under the same conditions as Romanian citizens, three months after submitting the application and throughout the entire asylum procedure.

 

If you have temporary protection in Romania, you can be employed based on your residence permit.

 

To benefit from employment encouragement and protection measures within the unemployment insurance system, you need to register with the county employment agencies or the Bucharest Municipality. There are free services provided by ANOFM (National Employment Agency).

 

Persons enjoying international protection have the following rights:

 

•      The right to be employed by a natural or legal person under the same conditions as Romanian citizens.

•      The right to enjoy social insurance benefits, social assistance, and social health insurance under the conditions provided by law for Romanian citizens.

•      To receive equal treatment with Romanian citizens in terms of equivalence of education or periods of study, recognition of diplomas, certificates of competence, as well as professional qualifications that grant access to certain professions in Romania.


Citizens of Ukraine have the right to work on the territory of the Republic of Moldova without obtaining a temporary residence permit, but only based on an individual employment contract for a certain period.

 

To sign an employment contract, a person should have the following documents:

– identification number assigned during border crossing;

- a copy of the identity document.

 

Resources for finding a job in the Republic of Moldova:

• uatalents.com 

• jobaidukraine.com 

• remoteukraine.org 

• t.me/it_outsource 

• rabota.md 

 

You can also apply to the National Employment Agency (ANOFM) or call the hotline 0 8000 1000.

 

Important! Documents about education obtained in Ukraine since May 18, 2001, are recognised in Moldova, but you must undergo a specific procedure. Details are at the link.


If you have been granted a Biometric Residence Permit (BRP) under the Family Based Scheme, the Ukrainian Sponsorship Scheme, the Homes for Ukraine Scheme or the Ukraine Extension Scheme, you have the right to work in the UK.

However, if you have not yet received your residence permit within the first 6 months, this does not prevent you from working.

You can contact the National Careers Service for advice, skills assessment and further training (link to the organisation's website).

In England, you can contact the National Careers Service on 0800 100 900 for employment advice.

 

In Scotland, Wales and Northern Ireland, there are similar organisations that can be found via the link.

 

In addition, there are charitable organisations in the UK that help Ukrainians find employment:

o  Refugee Employment Network (REN);

o  World Jewish Relief, which runs STEP Ukraine courses and special employment support sessions; and

o  "United for Ukraine".


No, during downtime that occurs through no fault of the employee, the employer has no right to require the employee to perform his or her work duties. Downtime means a temporary cessation of work for reasons for which the employee is not responsible, such as a production shutdown, lack of raw materials, energy, etc.


According to Ukrainian labor law, during downtime, an employee is relieved of his or her normal work duties, and any involvement in work during this time must be regulated by a separate agreement or a relevant order, specifying the type of work and the terms of its payment.


The employer has the right to increase the length of the working week to 60 hours in certain circumstances:


  1. Critical infrastructure facilities:


  • The increase is possible for employees working at facilities classified as critical infrastructure, such as in the defense, energy, healthcare, and other important sectors of the economy.


2.Employee's consent:


  • Even in these cases, it is necessary to obtain the employee's written consent to a temporary increase in working hours.


3.Additional payment:


  • For each hour of work in excess of the norm, payment must be made in the amount of at least 150% of the employee's regular rate.


These measures are intended to ensure the uninterrupted operation of critical sectors of the economy, especially in times of emergency or crisis. It is important that such an increase is temporary and must be justified by the needs of production or services.



Yes, during martial law, an employer may transfer an employee to another job without his or her consent.

However, this is only possible in the following cases:


  1. Preventing or eliminating the consequences of hostilities or other extreme situations that may pose a threat to human life or health.


2.Temporary nature:


  • The transfer should be temporary and last only for the period of necessity caused by the specified circumstances.


3.Employee health:


  • The transfer must not contradict the employee's medical conditions.


4.Remuneration:


  • The employee's salary in the new job should not be lower than the average salary in his or her previous job.



In wartime, an employer may impose a downtime through no fault of the employees in the following cases:


  1. Ensuring safety: If continuation of work may endanger the health or life of employees due to hostilities or other extreme conditions.
  2. Technical or organizational problems: Due to the destruction of production facilities or infrastructure, inability to supply raw materials, or lack of electricity.
  3. Legislative restrictions: If the state has introduced special business conditions that restrict or prohibit a certain type of activity.


It is important that during the downtime, employees must be paid at least two-thirds of their earnings in accordance with the terms of their employment contract.


For example, an employer may grant an employee annual basic leave for a shorter period than the employee requests during martial law.


·       According to the law, the minimum duration of such leave is 24 calendar days for the current business year.

·       If an employee is entitled to a vacation leave of more than 24 days, the remaining days may be transferred to the period after the end of martial law.



Yes, the employer has the right to grant the employee unused vacation leave for previous years, but he or she may also refuse to grant it during martial law. This decision depends on the employer's needs and the organization's capabilities.


Yes, an employee can work at another job.


By entering into an employment contract with non-fixed working hours, an employee is not obliged to give up the opportunity to work elsewhere. It is important that:


●      An employer with whom an agreement with non-fixed working hours has been concluded has no right to prohibit an employee from engaging in other work, unless such activities may affect the performance of basic labor duties or violate corporate rules (for example, a conflict of interest).

●      Any additional obligations or changes in working conditions should be agreed upon in advance and included in a written contract.


No, because, according to the law, the time spent by an employee in a shelter during an air raid is considered working time. The employer is not entitled to reduce the employee's salary for this time, as the employee cannot perform his or her job duties for reasons beyond his or her control.


Therefore, the employer is obliged to pay in full for the time spent by employees in the shelter during the air raid, just like regular working hours.



Yes, a mobilized employee may be dismissed in the event of liquidation of the company. According to Ukrainian law, liquidation of a legal entity is one of the grounds for the legal dismissal of mobilized employees, as in this case the employer completely ceases to exist and loses the ability to be a party to the employment relationship.


The dismissal process in this case includes:


1. Notification of an employee about the liquidation of an enterprise.


2. Payment of all compensation due to the employee, including salary for the time before dismissal and compensation for unused vacation.


3. Executing a dismissal in accordance with the law and in compliance with all procedural requirements.


If the company suspends operations but does not liquidate, the employer is obliged to keep the job and position of the mobilized employee until the moment of his demobilization.


If an employee is dismissed under martial law, the severance procedure remains the same as outside of martial law. Below are the main conditions to consider:


1. Payment of all amounts due: The employer must pay the employee all amounts to which he or she is entitled on the day of dismissal. This includes not only wages for the time worked up to the date of dismissal, but also compensation for unused vacation days.


2. Issuance of the employment record book: An employee has the right to receive his or her employment record book on the day of dismissal with all necessary records of employment and dismissal.


3. Dismissal order: The employer must provide the employee with a copy of the dismissal order.


4. Written notice of accruals and payments: The employee receives a document confirming all accrued and paid amounts at the time of termination, including details of each item of payment (basic salary, bonuses, compensation, and other payments).


Suspension of an employment agreement means a temporary cessation of the employer's provision of employment to an employee and, accordingly, the employee's cessation of performing work under the employment agreement. Suspension is possible due to hostilities or other extraordinary circumstances.


The main conditions for suspension include:


● Failure of the employer to provide the employee with a job

● The employee's inability to perform work due to the destruction of equipment or other similar circumstances. For example, if the equipment used by an employee is destroyed and there is no way to replace it, it is legitimate to suspend the employment contract.


Suspension can be initiated by both the employee and the employer and is not considered a dismissal, is temporary and can be appealed by the employee in case of unlawful application.


Yes, an employee may resign at will remotely by submitting a corresponding application using an electronic signature or by sending a handwritten application by mail.


● It is important that the method of application is agreed with the employer and complies with the terms of the employment contract.


● An electronic signature has the same legal force as a handwritten signature, so its use is a completely legal and acceptable way to submit such applications.


● If the application is sent by mail, it is also useful to send an accompanying electronic copy to the employer in advance, indicating that the original document was sent by mail to the employer's details.


For example, an employee may be dismissed during his or her vacation or period of temporary disability, except in cases of maternity leave or leave to care for a child under the age of three.


The date of dismissal in this case will be the first working day, respectively:


- the day following the day of the end of the temporary disability indicated in the sick leave certificate (for example, if the sick leave certificate indicates Thursday, September 1, the date of dismissal will be Friday, September 2); or


- after the end of the vacation (for example, if the last day of the vacation is Thursday, September 1, the date of dismissal will be Friday, September 2).


The general rule is that a woman who is raising a child alone may not be dismissed or laid off. This applies to situations where a woman:


● She is raising a child under the age of 14;

● She is raising a child with a disability;

● She has children under 3 years old;

● Is on unpaid leave to care for a child under 6 years of age.


The exception is in cases of complete liquidation of the enterprise, when the employer is obliged to employ such a woman at another workplace.


An employee may be dismissed for absenteeism (absence from work for more than 3 hours during a working day) during martial law if there are no valid reasons for the absence.


Valid reasons may include:


● Disease;

● AN ACCIDENT;

● Natural disasters;

● Evacuation to a safer place;

● And so on.


If an employee is absent from work for more than 3 hours without a valid reason, the employer has the right to dismiss him or her under the usual procedure on the grounds of absenteeism.


Recommendations of the State Labor Service for employers:


1. Do not dismiss an employee for absenteeism until the reasons for the absence are clarified, unless the employee has submitted a letter of resignation.

2. Provide unpaid leave at the request of the employee if it is impossible for an employee evacuated to another region to arrange remote or home work.


During the suspension of an employment agreement, the employee's working time is recorded using the time sheet form (Form No. P-5). However, there is no specific designation for the suspension of an employment contract in the form.


Possible designations for use:


1. "IN" - other unworked time;

2. "IP" - other types of absences stipulated by collective agreements and contracts;

3. "And" - other types of absences.


These designations allow you to correctly reflect the status of an employee during the suspension of the employment contract in the timesheet.


Employees and employers can agree to use electronic means to process resignations or sick leave, but there are several key aspects to consider:


1. Dismissal:


● The exchange of official documents by e-mail with an electronic signature may be permitted if it is stipulated in the employment contract.


● It is recommended to send the original documents by mail or through the employment center.


● The use of electronic communication tools such as Viber or Telegram can be risky due to the possibility of being challenged.


2. Sick leave:


● Sick leave certificates are issued in the form of e-sick leave certificates through medical institutions that have access to the electronic healthcare system.


● After receiving the e-sick leave certificate, the employee notifies the employer in any convenient way.


● The e-sick leave certificate is available in your personal account on the Pension Fund of Ukraine's electronic services portal.


Employee actions to correct errors in the employment record book:


1. Addressing the company:


● Submit a written application to the company that issued the employment record book with a request to correct errors (for example, in the name).

● Attach a copy of your passport and, if available, a copy of your birth certificate to the application.


2. Appeal to the court:


● If it is not possible to contact the company (for example, if it is liquidated), file a court application to establish that the employment record book belongs to the person.

● A copy of the passport, a possible copy of the birth certificate, and proof that the company cannot correct the error are attached to the court application.


These steps will help the employee legalize the correct entries in the employment record book or prove its validity in case of legal inconsistencies.


Yes, a company in the non-government controlled area may dismiss its staff if there are legal grounds for such dismissal.


Common grounds for dismissal include:


● Agreement of the parties;


● Expiration of the term for which the fixed-term employment contract was concluded;


● Refusal of an employee to transfer to another location with the company;


● Refusal to continue work due to changes in essential working conditions, such as changes in the remuneration system, transfer to part-time work;


● An employee's absence from work for more than four consecutive months without any known reason.


Additional conditions for internally displaced persons:


● Internally displaced persons who are unable to continue working at their previous place of residence have the right to terminate their employment unilaterally.


● To do this, the employee must submit an application for termination of the employment contract to the employer.


In order to obtain a work permit for foreigners in Ukraine during martial law, the following procedural steps should be followed, which reflect the changes introduced by Law No. 2623-IX:


1. Obtaining one permit for all positions: An employer needs to obtain only one permit for a foreigner, regardless of the number of positions held by the foreigner at that employer.


2. Combining positions: Foreigners and stateless persons may combine work in a position specified in the permit with work as a temporarily absent employee for a period not exceeding 60 calendar days during the year.


3. Abolition of the minimum wage requirement: The minimum wage requirement for certain categories of foreigners has been canceled.


4. Electronic submission of documents: The employer can submit the application and required documents electronically through the employer's electronic cabinet or the Diia portal.


During martial law, an employee may be dismissed on the general grounds provided for by labor law, as well as on special grounds introduced specifically for the period of martial law.


General grounds for dismissal:


● Agreement of the parties;

● Expiration of the term for which the fixed-term employment contract was concluded;

● Refusal of an employee to transfer to another location with the company;

● Changes in essential working conditions;


Special grounds for dismissal during martial law:


● Death of an employee or an individual employer;

● Absence of an employee from work and information about the reasons for such absence for more than four consecutive months.


Practical examples of dismissal:


Absenteeism: The procedure for dismissal for absenteeism includes not allowing an employee to work who has been absent from the workplace for more than three hours during a working day without valid reasons.

Redundancy: The employer has the right to reduce the number of employees if there is a decrease in production or services.

Inability to perform work: Dismissal may occur if equipment or production assets are destroyed and the employer cannot provide work for the employee.


Important caveats:


Dismissal without notice: If the company is located in an area of active hostilities, an employee may be dismissed without a two-week notice due to a real threat to his or her life and health.

Transfer: If it is possible to transfer the employee to another job, the employer should attempt to make such a transfer before applying the dismissal.

Severance pay: If an employee is dismissed at the employer's initiative due to loss of property or destruction of equipment, he or she is entitled to severance pay.


For example, when transferring to another company, an employee may claim unused vacation days, but this depends on the terms of his or her dismissal and transfer.


When an employee is transferred to a new job, a new employment contract is concluded and, as a rule, the employment contract with the previous employer is terminated.


In this case:


1. Payment of compensation: The previous employer must pay the employee monetary compensation for all unused days of annual basic and additional vacation.

2. Transitional conditions: If there is an agreement between the previous and new employers on the transfer of vacation leave, the new employer can credit unused vacation days to the new agreement.


However, if there is no such agreement, the employee must be reimbursed by his or her previous employer, and these days will not be transferred to the new job.


Yes, if an IDP is unable to contact the employer to resign, there are several steps that can be taken:


1. Submitting an application through the employment center: An IDP can apply for dismissal through the employment center. To do this, you need to visit the nearest branch and submit an application in the prescribed form, indicating all the necessary information about the employer and attaching the application for dismissal.


2. Providing an IDP certificate: When submitting an application, it is also important to provide a certificate of registration as an IDP, which confirms the person's right to special conditions of release.


3. Official notification of the employer: If possible, it is worth sending a copy of the application to the employer by mail or email to ensure official notification.


4. Keeping documentation: Keep copies of all documents and correspondence with your employer and the employment center for possible future use as proof of your dismissal.


Ukrainian legislation does not provide for the mandatory use of a polygraph during the hiring process. Although the Labor Code allows employers to conduct a probationary period to verify the employee's suitability for the job, the use of a polygraph is not a standard procedure and should be based solely on the candidate's voluntary consent.


If the employer decides to include a polygraph test in the hiring criteria, this must be clearly stated in the company's internal documents, and the candidate must be notified of this condition. It is illegal to force a candidate to undergo such a test, and it can only be conducted with the candidate's consent.


Under Ukrainian law, unpaid leave is voluntary and cannot be granted without the employee's written consent. Forcing employees to write an application for such leave violates their labor rights.


If an employee faces such pressure from his or her employer, he or she has a right:


1. Refuse to write a statement, referring to the fact that it is his personal decision.

2. Contact a trade union organization (if any) to protect your rights.

3. File a complaint with the local department of the State Labor Service or with the court if the employer continues to demand or impose sanctions for refusing to write such a statement.


Trade union organizations and state regulatory authorities can help employees resolve this situation by ensuring compliance with labor laws and protecting employees' rights.


At the moment, Ukraine does not allow salaries to be paid in cryptocurrency. According to the law, all salary payments must be made in hryvnia, the official currency of Ukraine.


In Ukraine, cryptocurrency is classified as a virtual asset that is neither a banknote, currency, nor legal tender that has legal circulation. In 2021, a law was passed that defines the legal aspects of the circulation of virtual assets, but it does not change the rules for paying wages.


Nevertheless, legal entities may use cryptocurrency for barter transactions under civil law contracts, for example, when cooperating with freelancers or contractors. In this case, it is important that the terms of such payment are clearly described in the contract.


The duration of the unpaid leave granted to an employee who left his or her place of residence after the introduction of martial law may be limited.


● Unless otherwise agreed between the employee and the employer, the maximum period of such leave is 90 calendar days.


● If an agreement is reached between the parties, the leave may last longer, but no longer than until the martial law is lifted or terminated.



For example, a pregnant woman has the right to transfer part of her maternity leave, which is scheduled before the birth of a child, to the period after childbirth. Ukrainian law allows for maternity leave to begin no earlier than the 30th week of pregnancy.


A woman can transfer 70 days of her prenatal leave to the time after the birth of her child, if it does not contradict her health and medical recommendations. The total duration of maternity leave is 126 calendar days, and in case of complications during childbirth or the birth of two or more children - 140 days.


To reschedule her leave, a woman must submit an application to her pregnancy doctor after the beginning of the 30th week of pregnancy. The application must indicate the desired date of commencement of the maternity leave, on the basis of which the doctor provides the relevant medical certificate of temporary disability.


During martial law, an employer may issue employment record books to employees in person in cases where the employee continues to work but the information about his or her employment has not yet been included in the Register of Insured Persons due to a significant change in circumstances, in particular in areas where active hostilities are taking place.


● The employment record book is issued against a signature in the book of record of the movement of employment record books and their inserts, indicating the date and grounds for issuance.



Yes, an IDP can get a new full-time job, even if the employment relationship with the previous employer has not been officially terminated.


However, in this case, employment with the new employer must be on a part-time basis. This means that the new place of employment will not be the only main place of employment, and the employee may continue to perform duties in accordance with the existing employment contract with the previous employer.



The employer is obliged to pay wages even during martial law, if the employer can provide work for employees and they fulfill their duties. It is possible not to pay wages only if employees cannot perform their work for valid reasons (for example, due to hostilities or other extraordinary circumstances), or if they do not perform their work without valid reasons.


● A delay in the payment of wages is possible if there are objective obstacles to their timely payment, but the employer must still intend to pay them when circumstances and opportunities allow for the fulfillment of obligations.



Yes, the employer may reduce the amount of wages during martial law, but only if certain specific circumstances exist:


1. Suspension of collective bargaining agreement provisions: An employer may suspend the provisions of a collective bargaining agreement that provide for additional payments, allowances, and bonuses. To do so, the employer must draw up a corresponding order and familiarize employees with it. The suspension of such provisions lasts until the martial law is lifted or terminated.


2. Changes in essential working conditions: Changes may be made to the remuneration system, working hours, part-time work or other essential working conditions related to the organization of production and labor. Before introducing such changes, the employer issues an order and is obliged to familiarize employees with it.


Yes, an employee is entitled to increased remuneration if the employer increases the standard working hours beyond the statutory limit. According to the law, remuneration for such work must be proportionally increased in accordance with the number of additional working hours. This means that for each hour of work in excess of the specified norm, the employee receives payment in an amount that must exceed his or her regular rate of pay.


Yes, an employer may engage employees to work on weekends and holidays during martial law. During this period, Articles 71 and 73 of the Labor Code of Ukraine, which generally regulate the prohibition of work on holidays and weekends and provide for compensation for such work, do not apply. This means that during wartime, employers have the right to require employees to work on these days without being obliged to provide additional compensation that is normally provided for work on non-working days.



  1. Remuneration:


●      Salaries are paid for the actual time worked or for the actual work performed if a piecework system is used.

●      If an employee is called to work outside of the basic days or hours, his or her labor shall be paid at least the amount established by the terms of the employment contract.

●      Work in excess of the established working hours is paid at double the rate of overtime.


2. Requirements for working hours and rest periods:


●      The maximum working week should not exceed 40 hours divided into 6 days.

●      An employee has the right to refuse to work outside of basic hours or days.

●      The minimum guaranteed working hours are 32 hours per month.

●      Regardless of the actual time worked, if it is less than 32 hours, the salary is paid for the minimum guaranteed number of hours.


As a general rule, it is prohibited to dismiss a mobilized employee. During their service in the Armed Forces of Ukraine, the employer is obliged to keep their job and position until they are demobilized.


However, there are exceptions to this rule:


  1. Liquidation of the enterprise: If the company is liquidated, this is grounds for dismissal of all employees, including those mobilized.
  2. Dismissal at the initiative of the employee: A mobilized employee may be dismissed at his/her own request if he/she submits a corresponding application.


It is important to note that the employer has no right to force an employee to write a resignation letter, and any resignation must be voluntary on the part of the employee.


If you have been granted temporary protection in Norway, you have the right to work.

At the same time, you cannot work while your application for protection is still being processed.

When you work in Norway, you have to pay taxes on your wages. That's why you need a tax card. A tax card tells your employer how much tax he has to withhold from your paycheck. You cannot apply for a tax card until you have the right to work and a place of employment.

You can find information on how to order a tax card on the website of the Norwegian Tax Administration (https://www.skatteetaten.no/person/utenlandsk/ukraina/#jobb-og-skatt-i-norge).

Informational films in Ukrainian about taxes in Norway at the link: https://www.skatteetaten.no/en/person/foreign/are-you-intending-to-work-in-norway/the-tax-return/film_en/film_ua/.

To search for a job, use the vacancy database at the link https://arbeidsplassen.nav.no/stillinger.

At the link https://arbeidsplassen.nav.no/uk/work-in-norway/finding-a-job you will also find more detailed information about finding a job in Norway, how to contact employers, confirm your education and what you must have to start working.

The Norwegian Labor Inspectorate has collected important information about the rights and responsibilities of workers in Norway, read at the link: https://www.arbeidstilsynet.no/en/working-conditions/knowyourrights-UK/.


For example, an employee who considers his or her dismissal to be illegal may appeal against it in court within 1 month of receiving a copy of the dismissal order. To do so, the employee must file a statement of claim with the local court.


How to file a claim:


  1. Draw up a statement of claim, in which you indicate:


●      The name of the court.

●      Information about the parties (yourself and the employer).

●      The amount of the claim (for example, earnings during the period of absenteeism).

●      A description of the circumstances of the case and the reasons why you consider the dismissal to be unlawful.

●       List of evidence (dismissal order, witness statements, salary documents, etc.).


2. File a statement of claim in person or through a representative. You can also send documents by mail or electronically, depending on the technical capabilities of the court.


Important! File a lawsuit on time. If you miss the 1-month deadline, the court may refuse to accept the claim unless you can prove that you missed the deadline for good reason.


Before filing a claim, it is recommended to consult an attorney or lawyer specializing in labor law to assess all the circumstances of your case and to draft a proper statement of claim.


If you have been granted a temporary residence permit, you do not need a special visa to work in the Republic of Lithuania.

 

Once you have arrived and registered with the Migration Department, you can start working immediately and do not wait for a temporary residence permit.

 

If you have a temporary residence permit in the Republic of Lithuania, you can use the services of the Employment Service to find a job.

 

To do so, you need to register at any Employment Service office by calling 1883 or +370 661 10885.

 

After the procedure of registration with the Employment Service, you will be assigned a specific specialist who will provide you with all the necessary information about the services of the Employment Service.

 

This platform can help you find a job.

 

Additional information is available on the Employment Service portal.

 

A brochure outlining what is important to know for Ukrainians who want to get a job or start working you can find via the link.

 

Before you start work, you have to sign an employment contract that states:

 

o  where you will work (company and address);

o  what you will do (job title);

o  how much you will be paid (per month/per hour worked);

o  how many hours per week you will work (usually 40 hours).

 

We recommend that you familiarise yourself with the rules applicable to your workplace (you can ask for them in a language you understand).

If you have any questions regarding labour relations, you can contact the State Labour Service at (85) 213 9772 or directly at the territorial offices of the State Labour Service at the following link.


Without applying for temporary protection, Ukrainians could work in Estonia on a short-term basis, up to one year. The employer must register short-term employment with the Police and Border Guard Board.

 

After obtaining temporary protection, you have the right to work under the same conditions as residents of Estonia.

 

Estonia has set a minimum wage. In 2024, employers must pay at least 820 EUR per month.

 

Various types of contracts, such as fixed-term or indefinite, can be used for employment.

 

Full-time work in Estonia consists of 40 hours per week, typically with an 8-hour workday. It is also possible to work part-time. Overtime is compensated with either free time or at a rate of 1.5.

 

Each year employees are entitled to at least 28 days of paid leave. Both parents have the right to use 10 days of paid leave each for childcare for each child under the age of 14.

 

If an employee decides to resign, they must notify the employer at least 30 days in advance, but by mutual agreement, the employment contract can be terminated at any time.

 

If the employer wants to terminate the employment contract in an extraordinary manner, they must provide written justification. The employee can always object to the termination. Upon termination, the employer must pay the employee earned wages and compensation for unused vacation days.

 

For labor-related inquiries, a free consultation is available by contacting the Labor Inspectorate at 640 6000 on weekdays from 9:00 to 16:30 or by email at [email protected].

 

Important! To search for a job, you can register as unemployed at the nearest Unemployment Insurance Fund office. To register as unemployed, bring an identification document and a residence permit. During the job search, you will receive unemployment benefits if, within the 12 months before registering as unemployed, you worked for at least 180 days (work in Ukraine is also considered), cared for a child under 8 years old, studied full-time or in a stationary mode, or were engaged in similar activities.

 

Job vacancies for Ukrainians could be found here. Additionally, you can search for vacancies on this website.


Having temporary protection or asylum seeker status grants Ukrainians the right to access the open labor market, meaning individuals can be employed in any vacancy that matches their qualifications and education.

 

Starting from April 21, 2023, Ukrainians no longer need a work permit. This means that if a person finds employment, the employer does not need to apply for a permit from the Public Employment Service (AMS); instead, they can directly formalize employment relations with the employee.

 

For more details on employment opportunities, refer to the brochure.

 

Ukrainians with disabilities and those aged 50 and above have the right to employment in the labor market. To do this, they need to request referrals to similar vacancies from the AMS.

 

Displaced individuals from Ukraine can register as job seekers at the employment center and receive relevant assistance and counseling regarding employment. For more information, read the details at the provided link.

 

To search for jobs in Austria, you can use the following resources:

·       https://jobs-for-ukraine.at/

·       https://ukrainejobs.at/

·       AMS Job App mobile application.


If Ukrainian citizens need a job, detailed information is available here.

 

Upon employment, a resident of Ukraine is entitled to a one-time financial assistance of EUR 620.

The application for the allowance must be submitted to the State Employment Agency within one month after starting work. Information on how to apply for the allowance is available here.

The State Employment Agency helps residents of Ukraine to find a job in Latvia.

 

You can apply

·       to any customer service centre of the State Employment Agency in person

·       by phone (from Monday to Thursday: from 9:00 to 16:30; on Fridays: from 9:00 to 15:00).

Contacts

Telephone number of the free information service of the State Employment Agency: +371 80200206 

Available vacancies and other relevant information are posted on the website of the State Employment Agency.

You can also search for a job on your own on the portal www.teirdarbs.lv ,  www.cv.lv in the section for Ukrainian job seekers.

 

Residents of Ukraine who are registered as self-employed in the tax register of the State Revenue Service (SRS) can apply for a one-time self-employment allowance (EUR 700) to the State Employment Agency (required within one month after registration with the SRS).

 

The assistance will not be provided to those who have previously received assistance from the State Employment Agency in connection with the start of work.

If a person is eligible for both start-up and self-employment benefits at the same time, he or she can receive only one of these benefits.

For more information on the one-time allowance for self-employed residents of Ukraine, please visit the website of the State Employment Agency.

 

More information on employment requirements in Latvia is available on the website of the State Labor Inspectorate. 

·       Information on employment opportunities in the field of childcare is available here.

·       Information about employment opportunities in the healthcare sector is available here.

·       Information on employment opportunities in cultural and creative professions is available here.

·       Information about the Creative Scholarship Program is available here.


A person who has reached the age of 16 has the right to work after obtaining a residence permit under the Temporary Protection Directive.

If you need help finding a job in Sweden, you can register at the Employment Service (Arbetsförmedlingen). You have the right to use the services of an interpreter.

More information about job search at the link: https://arbetsformedlingen.se/other-languages/ukrainska-ukrainska/vi-z-ukraini.

Useful information for finding a job in Sweden:

·       Platsbanken, Sweden's largest employment site with vacancies throughout Sweden;

·       Webinars, podcasts and movies on Play, a site with advice on how to find a job (in Swedish and English);

·       Hitta yrken, here you can find out what is needed for different professions (use the Google Translate function to translate);

·       Intresseguide, here you can, according to your answers to questions, receive offers about professions that suit you (use the Google Translate function to translate).

If you have found a job, you must be registered for tax purposes. You or your employer must send an application for registration to the Tax Administration (Skatteverket). If you received a residence permit with temporary protection, you can start working until you receive a decision from the Tax Administration.

You can find more information on the website of the Tax Administration.

If you get a job, you must conclude an employment contract with the employer, which will specify the amount of wages. Notify the Migration Service about the employment.

According to Swedish law, you will be entitled to vacation, sick leave, compensation for work-related injuries, etc.

More information about payments from the Swedish State Social Insurance Agency (Försäkringskassan) at the link: https://www.forsakringskassan.se/information-in-other-languages/ukrainska-information-till-dig-som-fatt-uppehallstillstand-enligt-eu-s-massflyktsdirektiv.

You can find more detailed information about labor rights and obligations in Sweden at the link: https://arbetsformedlingen.se/other-languages/ukrainska-ukrainska/arbeta-i-sverige/rattigheter-och-skyldigheter.


Persons who have received temporary protection in Bulgaria have the right to work in this country without a special work permit.


Persons with temporary protection status can register as jobseekers at the Department of Labor at their permanent or current address. Their contacts can be found at the link: https://www.az.government.bg/contacts/offices/


You can check whether there are vacancies in the Department of Labor according to your requirements by following the link: https://cutt.ly/oGwp9BH


Citizens of Ukraine who have applied for international protection, and the proceedings have not been completed within three months from the date of submission of the application for reasons beyond their control, have the right to work in Bulgaria without a work permit until the completion of the procedure.

Citizens of Ukraine, who are persons of Bulgarian origin and legally reside on the territory of the Republic of Bulgaria, can work in Bulgaria without a work permit and after registering at the Department of Labor.


Additional information at the link: https://www.az.government.bg/pages/zaetost-na-lica-ot-bulgarski-proizhod/.


Access to certain professions in Bulgaria requires permission from the competent authority. Examples of such professions in the field of health care are: doctor, dentist, midwife, nurse, rehabilitator, etc.; from the marine transport sector: navigator, ship mechanic, ship electrician, etc.


Most employers in Bulgaria pay wages to their employees directly to a bank account.


If you already have temporary protection or refugee status, you can open a bank account like any other Bulgarian citizen.


Workers under an employment contract enjoy special protection and guarantees, the most important of which is the possibility, if their rights under the employment contract are not respected or violated, to submit a complaint to the General Labor Inspection (GLP), which has offices throughout the country (see here).


Citizens of Ukraine with temporary protection can also read explanations regarding their labor rights from the GLP brochure at the link: https://www.gli.government.bg/bg/node/11931.


Jobs Search Services:

·       Jooble

·       UA talents

·       Layboard

·       Employ Ukraine

·       Bulgaria for Ukraine

·       Jobs.bg

·       Job tiger

·       Zaplata

·       Rabota.bg


If an employee is unable to come to work and is unable to perform their duties remotely, there are several options for action:


  1. Use of annual leave:


  • An employee may apply for annual paid leave for a predetermined period.


2. Leave without pay:


  • This type of leave may be granted at the request of an employee for up to 90 calendar days, especially if the employee is forced to leave Ukraine or has acquired the status of an internally displaced person.


3. Downtime through no fault of the employee:


  • In case of downtime, the employee's remuneration should not be less than two-thirds of his or her official salary.


4. Transfer to another job:


  • The employer may offer other types of work that can be performed remotely, if any.


5.Voluntary resignation:


  • As a last resort, an employee may submit a voluntary resignation if other options are unacceptable or impossible.


Importantly, all of these steps require approval from the employer and the execution of relevant documents. Employees should discuss possible options with management in advance to ensure that all legal requirements are met and that their labor rights are preserved.



An employee has the right to apply to the employer for a transfer to remote work for the period of martial law. Such a request may be taken into account by the employer, but Ukrainian law does not oblige the employer to automatically satisfy such a request.


However, if the nature of the work allows for remote work, the employer may consider transferring the employee to remote work as a mutually beneficial solution, especially in circumstances where it can ensure the continuity of business processes. In this case, the transfer may be formalized by an employer's order or by concluding an addendum to an existing employment agreement.


Yes, the employer is obliged to inform the employee of any changes in the essential working conditions, including changes in the system and amount of remuneration, working hours, and working hours. According to the Labor Code of Ukraine, such notice must be provided no later than two months before the changes are introduced.


This rule applies regardless of the martial law. In other words, even during martial law, the employer must ensure compliance with the labor law rules on informing employees about changes that may significantly affect their working conditions.


Yes, an employer has the right to refuse to grant an employee vacation during martial law in the following cases:

  1. Critical infrastructure: If the employee is involved in work at critical infrastructure facilities where his or her presence is urgent and necessary for the functioning of these facilities.
  2. Military needs: Under martial law, when an employee may be involved in tasks related to the defense of the country, the refusal to take leave may be justified by the need to ensure defense capability.
  3. Prohibition of vacations by law: In some cases, the law may establish special rules prohibiting or restricting leave during martial law, in particular for civil servants or security personnel.
  4. Unused annual leave days for the previous year.


Important! When refusing to grant leave, the employer is obliged to follow procedures and justified grounds, as well as to ensure the rights of other employees who do not directly affect critical processes


In addition, the following types of leave may not be limited or denied at the employee's request:


  1. Pregnancy and childbirth leave: This type of leave cannot be postponed or canceled, as it is directly related to the health and rights of women.
  2. Parental leave: Also not subject to refusal, as it is defined by law as mandatory.



Suspension of an employment agreement is possible both at the initiative of the employee and the employer.


At the initiative of the employee:


  1. Submission of the application: The process begins with the employee writing an application to the employer, stating his or her personal data, the intention to suspend the employment contract, the reasons for such a decision, and the period for which he or she wishes to suspend the contract.
  2. The employer's decision: Upon receipt of the application, the employer considers the reasons for the suspension and may issue an order to suspend the employment contract.


At the initiative of the employer:


  1. Employer's order: An employer has the right to suspend an employment contract by issuing an order specifying the reasons for the suspension, the duration of the suspension, the methods of information exchange with the employee, and other necessary information.


Legal grounds: Suspension of an employment agreement is possible in cases specified by law, for example, for the period of business trip, training, military service, as well as in other cases permitted by Ukrainian law.


Important: Both parties should agree on the terms of resumption of the employment agreement after the expiration of the suspension period to avoid possible misunderstandings in the future.



An employment contract with non-fixed working hours has the following peculiarities in terms of working conditions and organization:


  1. Working hours: The employer does not guarantee permanent employment; you are called to work on an as-needed basis.


2. Call conditions:


  • The employer informs the employee of the need for his or her labor within a predetermined minimum period.
  • The duration of the working day and work is determined separately for each case of engaging an employee in work.


3.Written form of the contract: All terms and conditions regarding non-fixed working hours, call-in procedures, minimum guaranteed hours of work, and the possibility of refusing to work must be set out in writing.

4.Communication:


  • The employer must specify the method and timeframe for notifying the employee of a call to work.
  • The employee must also inform the employer of his or her readiness or refusal to start work within the time period specified in the contract.


5. Limitations of application: The number of employees with whom contracts with non-fixed working hours are concluded should not exceed 10% of the total number of employees at the enterprise (or one such employee if the total number of employees does not exceed 10 people).


A sample form of the Agreement is available at the link: http://surl.li/ecwyz


If the employee is eligible for early retirement, the employer may initiate dismissal on the grounds that the employee's health condition does not meet the requirements of the position. To do this, you need to follow the following steps:


1. Obtaining a medical certificate: It is necessary to obtain a document confirming that the employee is not suitable for the position. This can be:

● A certificate from a medical institution stating the need to change jobs;

● An extract from the medical examination report;

● Medical certificate of medical examination.


2. Transfer to another job: The employer must first offer the employee another job that is suitable for their health condition. If the employee refuses the transfer, the employer may proceed to the next step.


3. Consent of the trade union body: If there is a trade union at the enterprise, its consent is required for dismissal, except during the period of martial law.


4. Execution of a dismissal order: Dismissal is carried out on the basis of clause 2, part 1, article 40 of the Labor Code of Ukraine, as a dismissal for health reasons that make it impossible to continue this work.


5. Settlement with the employee: After the dismissal is formalized, the employee is settled, including the payment of all amounts due to him/her.


Yes, an employer may dismiss employees during martial law if there are objective reasons related to changes in the organization of production or work. Such reasons may include:


1. Liquidation of an enterprise or its structural units.

2. Reducing the number or scope of work performed.


The reduction procedure includes:

● At least two months' prior notice to employees and the State Employment Service of planned redundancies.

Ensuring that the rights of protected categories of employees, such as pregnant women, mothers with children under three, and other persons with additional guarantees against dismissal, are respected.

● The requirement to notify employees and the State Employment Service does not apply in the case of dismissal of employees in connection with the implementation of measures during mobilization, as well as in the case of destruction of production, organizational and technical conditions, means of production or property of the employer as a result of hostilities.


During the martial law period, it is important to note that no prior authorization from trade unions is required for dismissal. However, the employer is obliged to ensure compliance with all legal requirements and provide appropriate payments to dismissed employees, including compensation for unused vacation and severance pay.


In order to terminate the employment relationship in the event of the death of the sole proprietor, the employee must officially notify the relevant authority. This process includes the following steps:


1. Submission of the application: The employee submits an application for termination of the employment contract to any employment center. The application shall include:


● The full name and surname of the individual entrepreneur employer;

● The official address of the employer;

● Employee's name, position, contact information;

● Reason for termination of employment (death of the employer);

● Date of application and signature of the employee.


2. Documents confirming the death of the employer: A copy of the death certificate or other document confirming the death of the sole proprietor must be attached to the application.


3. Termination of the employment contract: The date of termination of the employment relationship is the date of submission of the application.



Yes, during the period of martial law, the employer may transfer employees to remote work on a compulsory basis. This right allows the employer to adapt working conditions to safety requirements and ensure the continuation of the company's operations under martial law.


In order to implement such a transfer, the employer must draw up and issue a special order stating this:


1. Reasons for transferring to remote work: ensuring employee safety, inability to use a regular workplace due to military operations, etc.


2. The period of validity of remote work: it is usually indicated that the transfer is valid for the period of martial law or until a special order.


3. Conditions of remote work: regulation of working hours, means of communication, procedure for monitoring the performance of work duties.


4. Employee's obligations and rights during remote work, including liability for failure to fulfill labor duties.


The procedure for familiarizing employees with the order should take place no later than two days before it comes into effect to ensure that they have a clear understanding of the new working conditions.


If an employee has left his or her place of residence, which is not in a combat zone or in a territory not controlled by the Government of Ukraine, and he or she is unable to perform his or her work duties, his or her rights to receive wages depend on the terms of the employment contract and the employer's ability to provide him or her with work.


1. Remote work: If the work can be performed remotely, the employee has the right to propose to the employer to switch to a remote work format. The employer must consider such a request, and if such a decision can be implemented, must organize appropriate conditions for the employee.


2. Paid downtime: If an employer is unable to provide work to an employee or organize remote work due to circumstances beyond the parties' control (e.g., lack of appropriate technology or equipment), the employer may declare a simple period of time. Downtime is paid at the rate of at least 2/3 of the official salary for the time when the employee could not perform his or her duties.


3. Failure to provide downtime: If an employee leaves work without permission and does not report to work without the employer's consent, and the employer was able to provide him or her with work, the employer is not obliged to pay for this time.


Regardless of the approach chosen, the employer and employee must comply with the terms of the employment contract and the law, acting in good faith and trying to find an acceptable solution that takes into account the interests of both parties.



If an employee travels abroad or to another location, he or she may continue to perform his or her work duties, provided that the nature of the work allows it. Here are the main steps to take to organize such a process:


1. Agreement with the employer: The employee should discuss the possibility of remote or home-based work with their employer. This may require adaptation of existing work processes and changes in the work schedule.


2. Preparation of documentation: The employer must formalize the transition to remote or home-based work by issuing a corresponding order. This order should specify the working conditions, scope of work, deadlines, reporting, and other important aspects of the work.


3. Technical support: The employer is obliged to provide the employee with the necessary technical means for remote work, if any, and to determine the appropriate means of communication.


4. Teamwork: The employee must ensure constant communication with the employer and colleagues, reporting on the status of work performance in accordance with the established procedures.


5. Protection of information: When working remotely, it is important to take measures to ensure the confidentiality and protection of the information being processed.



The electronic employment record book is a digital analog of the traditional paper employment record book and is available on the Pension Fund of Ukraine's electronic services portal. This tool allows you to enter and update data that is relevant to the calculation of employee seniority.


Data entry by the employer: Employers will have to upload scanned copies of documents such as employment records, educational diplomas, military IDs, birth certificates of children, and others. Electronic labor records already contain information about employees' work history since 2004.


Data entry by the employee: Employees can add scanned copies of documents to their electronic employment record, especially for periods prior to 2004, which are not available in the system. This helps to ensure the completeness of the employment history.


Special instructions: You should take into account the legislation in force at the time of employment. For example, if the employee was a full-time student before 2004, scanned copies of higher education documents should be attached, as such studies could be taken into account in the length of service under the legislation in force at the time.


If your employment record book remains in the uncontrolled territory, here are some steps you can take:


1. Applying to the employer for a duplicate: You can apply to your previous or current employer for a duplicate of your employment record book. The employer has the right to request additional documents to confirm the need for a duplicate.


2. Making a duplicate copy: In case access to the original employment record book is restored, it is important to transfer all records from the duplicate to the original, and cancel the duplicate with the appropriate entries.


3. Contacting the Pension Fund: Alternatively, you can contact the Pension Fund to obtain an extract from the register of insured persons containing information about your employment since 1998. This extract can be used to confirm your employment history when applying for a job.


Employers may be held liable for non-payment of wages in the following ways:


1. Financial liability: Employers may be subject to fines for non-payment or incomplete payment of wages. Fines are imposed by the State Labor Service of Ukraine after inspections. The amount of the fine is usually three times the minimum wage for each violation.


2. Administrative liability: Penalties for violation of payment deadlines may be imposed by a court decision based on a protocol drawn up by the state labor inspector.


3. Criminal liability: If an employer intentionally fails to pay wages for more than one month, they can be held criminally liable, including fines, corrective labor, or even imprisonment.


The imposition of liability does not relieve the employer of the obligation to pay the wages owed.


During martial law, certain mitigations and exemptions from liability are possible for employers if they are unable to make payments for objective reasons, such as due to hostilities or other force majeure.


As a general rule, an employee must give 2 weeks' notice of resignation. However, there are exceptions to this rule during martial law when it does not apply:


1. If the employee cannot continue working for objective reasons, such as moving to a new place of residence or in connection with the transfer of a spouse.


2. In areas where military operations are underway, which poses a threat to the employee's life and health.


3. If the employer violates labor laws or the terms of an employment or collective bargaining agreement.


In such cases, the dismissal may be carried out without a two-week notice, and the employer is obliged to dismiss the employee within the period specified in the application.



The employer is not entitled to dismiss an employee who has moved to a safer place, provided that the move is related to martial law and constitutes a necessary security measure.


However, the following cases are allowed:


● The employment relationship may be terminated by mutual agreement of the parties.


Important!



● An employer cannot force an employee to enter into an agreement on termination of employment.

● In case of coercion or other illegal actions by the employer, the employee has the right to appeal the dismissal in court.



For example, an employer may dismiss an employee if he or she is absent from work without a known reason for four consecutive months.


Features:


● The four-month period begins to run only after July 19, 2022, when the relevant grounds for dismissal come into force.


Important:


● The employer has the right to dismiss in this case only if the reasons for the employee's absence from work remain unknown.


Suspension of an employment contract is also possible in regions where active hostilities are not taking place, but under certain conditions:


Inability to provide employment: The employer is unable to provide the employee with a job as a result of military operations in the country that indirectly affect the company's operations or supply chain.


Inability to perform work by an employee: Processes that require physical presence at the workplace are not possible and alternatives in the form of remote or home-based work are not available or appropriate.


Such suspension must be documented and is temporary, with the possibility of resuming the employment relationship in the event of a change in the circumstances that led to such suspension.


An employee has the right to appeal against a decision to suspend an employment contract if he or she believes that such a decision is unjustified.


The appeal process includes the following steps:


1. Filing a grievance: An employee may file a grievance with the State Labor Service of Ukraine or its territorial body ("SLS").


2. Actions of the SLS: If a violation is established, the SLS may issue an order to the employer to cancel the order to suspend and eliminate the violations.


3. Deadline for compliance: The employer is obliged to comply with the order of the SLS within 14 days from the date of its receipt.


4. Penalty for non-compliance: In case of non-compliance, the company and its officials may be subject to legal sanctions in the form of a fine.


Idle time and suspension of an employment contract are two different legal mechanisms for responding to changed circumstances in an employment relationship:


1. Downtime:


Causes: Technical or organizational problems, force majeure.

Duration: There is no clearly defined duration.

Initiative: Initiated only by the employer.

Payment: Not less than two-thirds of the rate.

Transfer: Transfer to another job is possible with the employee's consent.

Length of service: The period of inactivity is included in the insurance period.


2. Suspension of an employment contract:


Reasons: Military actions that prevent the provision of work and its performance.

Duration: Only for the period of martial law.

Initiative: Can be initiated by either the employer or the employee.

Remuneration: No salary is paid.

Transfer: Transferring an employee to another job is not allowed.

Crediting of length of service: The period of suspension is not included in the insurance period.


Recommendations for selection:


● Suspension of an employment agreement is optimal when the employer and employee cannot fulfill their duties due to military operations.

● Downtime is best used in cases of temporary disruptions that are not related to long-term obstacles, such as martial law.


1. Length of service for annual basic leave:


● The period of suspension of the employment contract is not included in the length of service required for annual basic leave, since the employee did not actually work and was not paid.


2. Payment of sick leave:


● During the period of suspension of the employment agreement, sick leave is not provided, as these payments compensate for the loss of wages, which are not paid during such a period.


3. Payment of the Single Social Contribution (SSC):


● Since the unified social contribution is calculated on the amount of salary, and no salary is paid during the period of suspension of the contract, no unified social contribution is paid.


The value for the employee and the employer:


● For employees: Suspension of the contract means the loss of important social and labor guarantees.


● For employers: Suspension of labor relations reduces the financial burden during periods when it is impossible to maintain the normal business process.


1. Notice of dismissal:


● The employer must send the employee a mailed notice of the need to obtain the employment record book.


● It is recommended to send the message by registered mail with a description of the attachment.


2. Obtaining an employment record book:


● If an employee wishes to receive his or her employment record book by mail, he or she must send a written consent to the employer with a clear delivery address.


● Sending an employment record book by mail is possible only within Ukraine due to the ban on international shipments.


3. Keeping the employment record book:


● If the employee has not consented to the sending of the employment record book or is abroad, the employer is obliged to keep the employment record book for two years in the HR department.


● After two years, if the employee does not apply, the employment record book is transferred to the company's archive for storage for up to 50 years.


Remarks:


● It is important to note that when applying for an employment record book, it is recommended to use e-mail for scanned copies of the application to further confirm the employee's intentions.


An employment agreement under the simplified regime has the following features compared to a regular employment agreement:


1. Material terms:


● Terms of notification of termination of the agreement at the initiative of the employer;

● The procedure for exchanging information between the parties, including changes in working conditions and notifications of termination of the agreement;

● The amount of compensation for violation of the terms of payment of wages.


2. Conclusion of the Agreement:


● The ability to conclude an agreement in the form of an electronic document with electronic signatures.


3. Termination of labor relations:


● Identification of additional grounds for termination of the agreement, which may be applied only by mutual agreement.


4. Adjustment of work in special conditions:


● Individualized regulation of working conditions during overtime, nighttime, holidays and weekends.


5. Documentation management:


● Simplified requirements for record-keeping and personnel matters do not apply to employers in the simplified regime; the organization of record-keeping is at the discretion of the employer.


This simplified regime is intended to reduce the administrative burden on entrepreneurs during martial law and is applicable until it is lifted or terminated.


If an employee who is required to be present at the workplace in Ukraine has been abroad since February 2022 and does not report for work, the possibility of dismissal depends on the circumstances:


1. Attendance at work is required: If the work requires the physical presence of the employee and the employer is aware of the reasons for his or her absence, for example, due to evacuation, dismissal is not recommended.

2. Remote work is established but not performed: If an employee has a remote work arrangement but does not perform his or her duties and the employer is not aware of the reasons for the failure to perform them, dismissal may be applied for absenteeism or systematic failure to perform duties.

3. Four-month unreported absence: If an employee is absent from work for 4 consecutive months without any information about the reasons for the absence, dismissal is possible on a special ground.


In general, the situation requires a detailed review of the circumstances and possibly communication with the employee to clarify his or her situation before making a final decision on dismissal.


Employers are obliged to provide measures to prevent and combat mobbing in the workplace. The main responsibilities of the employer include:


1. Ensuring safety and security:


● Protecting the physical and mental health of employees.

● Preventing risks and stress in the workplace.


2. Organizational measures:


● Conducting information and training activities to prevent and combat mobbing.

● Develop and implement internal policies that prohibit any form of harassment.


3. Compensation for damages:


● Reimbursement of treatment costs in case of damage to the employee's health as a result of mobilization.

● Compensation for non-pecuniary damage to employees who suffered from mobbing.


Internally displaced persons (IDPs) can find a new job in this way:


1. Dismissal from the previous place of work:


● If an IDP is officially dismissed from his or her previous job, he or she can look for a new job as an ordinary citizen.

● Required documents for employment: passport, employment record book (if any), educational documents, health certificate (if required), other special documents in accordance with the employer's requirements.


2. If the IDP was not dismissed from his/her previous job:


● An IDP may be employed part-time at a new job.

● You can apply to the employment center for an official dismissal from your previous job and further employment.


3. Employment centers:


● An IDP can apply to the employment center for help in finding a job.

● The employment center can provide services for interview preparation, retraining and other support for employment.


4. Legal support:


● IDPs can receive counseling on their rights and obligations in employment.


It is recommended to keep all documentation related to work and relocation to resolve possible legal issues or to use as evidence in case of conflicts with the employer.


Under martial law, an employer is obliged to grant unpaid leave at the request of an employee if one of the following circumstances exists:


1. Relocation to a safe place: If the employee has left the territory where the hostilities are taking place or has moved to a safe area within Ukraine, and this is necessary to ensure their safety.


2. Status of an internally displaced person (IDP): If an employee has been granted IDP status due to military operations, he or she is entitled to unpaid leave for up to 90 calendar days.


In such cases, the employee must submit an application, which must be substantiated and supported by relevant documents confirming his or her status or the situation that forces him or her to leave. The employer must process such an application and make an appropriate decision on the request.


No, the time an employee is on unpaid leave is not included in the length of service that gives them the right to annual basic leave.


The employer cannot hire a new employee to replace an existing employee who does not come to work without formally terminating the employment contract with the absent employee.


● The legal basis for termination of an employment contract may be the employee's absence from work and information about the reasons for such absence for more than four consecutive months.



To be registered with the employment center, IDPs must apply to the employment center using one of the following methods:


● Visit any employment center in person.

● Through the web portal of the State Employment Service.

● Through the Unified State Web Portal of Electronic Services.


Documents required for registration:


● An identity document that confirms Ukrainian citizenship, such as a passport of a citizen of Ukraine or an eDocument.

● Information about education and work experience.

● Information about current employment or the existence of an employment relationship.


After submitting the documents, you will be registered at the employment center and will be able to use the services of your individual career counselor to find a job.

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This digital platform was created by the Danish Refugee Council (DRC) specialists under a project funded by the European Union through its Civil Protection and Humanitarian Aid Operations. The views expressed herein should not be taken, in any way, to reflect the official opinion of the European Union or DRC. Neither the European Commission nor DRC is not responsible for any use that may be made of the information it contains.
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