The Labour Law in Ukraine is regulated mainly by the Labour Code of Ukraine. The Labour Code governs the terms and conditions of employment such as working hours, holidays, rest periods, wages, overtime, leave, the right to collective bargaining, and termination of employment etc. The other acts that govern labour relationships are the Employment Law of Ukraine, Law of Ukraine on Holidays.
Hours & Pay Regulations
The standard hours of work of an employee are not more than 40 hours per week.
A 5 day or a 6-day working week can be established. Where the work is of continuous nature, 6 day work week is established, in which case the work hours cannot exceed 7 hours per day and 40 hours per week. On the eve of the weekend, the duration of work in a six-day working week may not exceed 5 hours. Labor Code, Article 50.
Beginning and End of Work
The start and end times of daily work (shifts) are provided by the rules of internal labor regulations and shift schedules. Labour Code, Article 57.
The employment record book is the main document on the employee’s employment which contains information about work, incentives, and rewards for success in work at the enterprise and should be maintained for all employees who have worked for more than five days in an organization. Labour Code, Article 48.
Overtime work is usually not allowed, except in exceptional circumstances authorized by the employer. The overtime work shall not exceed 4 hours for each employee for 2 consecutive days and 120 hours per year.
Overtime work is paid at double the hourly rate, and time off in lieu is not allowed. Labour Code, Article 62, 65, and 106.
Night work is considered from 10 pm to 6 am. The usual duration of work at night is reduced by 1 hour. The duration of night work is equal to day shift work in cases of continuous production and 6-day working week with 1 day off.
Night work is paid in the increased amount agreed by a collective agreement but should not be less than 20 percent of salary for each hour of work at night. Labour Code, Article 54, and 108.
The employees are provided with meal and rest breaks lasting no more than two hours. The break shall be provided after 4 hours from the start of the work. The break period is not included in the working hours.
Women employees with a child under the age of one and a half shall be provided with additional breaks for a duration of 30 minutes each, at least after 3 hours from the start of the work. The break would last for at least a duration of 1 hour, in case of women employees with two or more kids. This break is included in the working hours and is paid at average earnings. Labour Code, Article 66, and 183.
The daily rest for employees engaged in shifts shall be at least twice the duration of work in the previous shift, including lunch break time. Labour Code, Article 59.
An employer shall provide employees, in a 5-day working week 2 days off per week, and employees with a 6-day working week, 1 day off. The general day off is Sunday. The second day off in a 5 day working week, if no defined by law, is determined by the organization. The duration of a weekly continuous rest must be at least 42 hours.
An employee who works on a rest day is compensated in the amount of double the hourly or daily rate or at request, maybe granted another day off. Labour Code, Article 67, and 70.
Employees are entitled to 11 public holidays in Ukraine:
- January 1 – New Year
- January 7 and December 25 – Christmas
- March 8 – International Women’s Day
- May 1 – Labor Day
- May 9 – Victory Day over Nazism in the Second World War (Victory Day)
- June 28 – Constitution Day of Ukraine
- August 24 – Independence Day of Ukraine
- October 14 – Day of the defender of Ukraine.
Work is also not carried out during religious holidays:
- One day (Sunday) – Easter (Easter)
- One day (Sunday) – Trinity.
The working hours for employees working on public holidays and non-working days are reduced by 1 hour for both 5-day and 6-day working week.
Employees who work on holidays and non-working days are compensated in the amount of double the hourly or daily rate or at request, maybe granted another day off.
If a public holiday or non-working day falls on a day off, then such a day off will be carried over to the next day following a public holiday or a non-working day. Labour Code, Article 67, 73, and 107.
Employees who have been in continuous employment for more than 6 months are entitled to annual basic leave for a duration of 24 calendar days. In the case of granting the employee annual leave before the end of the six-month period of continuous work, the duration of leave is calculated in proportion to the time worked in the organization.
The employer must notify the specific period of annual leave to the employee in writing of the date of the holiday at the maximum after 2 weeks of the scheduled date.
Division of Annual Leave into parts
Annual leave may be divided into two parts at the request of the employees in such a way that the main continuous part of the leave shall last for a duration of 14 calendar days. The unused part of the duration may be provided to employees before the end of the working year, or at the maximum 12 months after the expiration of the working year for which leave has been granted.
Exclusion of Days from Annual Leave
Holidays, non – working days, and days of temporary incapacity of work including maternity leave are not included in the annual leave.
Additional Annual Leaves
Annual additional leaves are provided to employees for a duration of 35 calendar days who are engaged in harmful conditions of work as well as for employees with special nature of work, as may be provided by the law.
Annual additional leave at the request of the employee may be granted simultaneously with the annual main leave or separately from it. The total duration of annual basic and additional leave may not exceed 59 calendar days, and for employees engaged in underground mining – 69 calendar days. Labour Code, Article 74, 75 and 78, Law of Ukraine on Holidays, Article 6, 10 and 12.
Effective January 1, 2020, the minimum wage in Ukraine increased to UAH 4,723 per month.
The above information on minimum wages might not be up to date & subject to change. Kindly access the link for the current rates.
Women employees are entitled to paid maternity leave of the below duration:
- Before childbirth – 70 calendar days;
- After delivery – 56 calendar days (70 calendar days – in the case of two or more children and in case of complications of delivery) from the date of birth.
Article 17 of the Holidays Act
Women employees are granted with childcare leave until the child reaches 3 years of age, after the end of the maternity leave. The company can provide women with partially paid leave and unpaid leave to care for a child for a longer period.
This leave may also be used in whole or in part by the child’s father, grandmother, grandfather or other relatives who are actually caring for the child, or by a person who has adopted a child, one of the adoptive parents or foster parents. Law of Ukraine on Holidays, Article 18.
Employees who are unable to work due to sickness or other temporary disabilities are entitled to compensation for the entire period of their absence from work. The employer shall provide compensation for the first five days of sick leave.
The length of sick leave is determined by a doctor, although after 4 consecutive months an employee may be terminated.
An employee who has adopted a child is entitled to a one-time paid leave of 56 calendar days and 70 calendar days in the case of adoption of two or more children, excluding holidays and non- working days. Law of Ukraine on Holidays, Article 181.
Employees with two or more children or a child with a disability are entitled to additional paid leave of 10 days. In cases where more than one reason exists for granting this leave, the total duration shall not exceed 17 calendar days. Law of Ukraine on Holidays, Article 19.
Employers shall provide leave without pay at the request of the employees in the below circumstances:
Employees are entitled to an unpaid leave of 10 days for marriage purposes. Law of Ukraine on Holidays, Article 25.
Employees are entitled to leave for a duration of 7 days in relation to the death of relatives by blood or marriage and 3 days for other relatives. Law of Ukraine on Holidays, Article 25.
Compassionate Care Leave
Employees shall be granted leave for a period of 30 days or less as mentioned in the medical support for the care of a sick relative by blood or marriage. Law of Ukraine on Holidays, Article 25.
Below are some of the miscellaneous unpaid leave available to employees:
- Up to 14 calendar days for a mother (or single father) of two or more children under the age of 15 or of a disabled child,
- Up to 14 calendar days for war veterans and other individuals rewarded for special services to the country,
- Up to 21 calendar days for individuals rewarded for special labor services to the country,
- Up to 14 calendar days for a husband whose wife is on maternity leave, etc.
Law of Ukraine on Holidays, Article 25.
Employees may be granted unpaid leave for a period of 15 days due to family circumstances or other reasons. Labour Code, Article 84.
Employees elected to the elected trade union bodies in the organization are entitled to 6 days of paid leave for the purposes of union training. Law of Ukraine on Holidays, Article 151.
Leave in Connection with Studies in Secondary Schools:
Employees who receive secondary education in secondary schools are entitled to additional paid leave in the below manner:
- Final examinations in the primary school – for a period of 10 calendar days;
- Final examinations in the high school – for a period of 23 calendar days;
- Transfer examinations in primary and secondary schools – from 4 to 6 calendar days, excluding weekends.
Employees who take external exams for primary or secondary school are granted an additional paid leave of 21 and 28 calendar days, respectively.
Leave in Connection with Studies in Vocational Schools:
Employees who study at evening departments of vocational schools are granted additional paid leave for the preparation and passing of exams with a total duration of 35 calendar days during the school year.
Leave in Connection with Studies in Higher & Post Graduate Educational Establishments and Postgraduate Studies:
Employees who are studying full time in higher education institutions with evening and part-time education are provided with additional paid leave:
For those employees who study in the first and second and second years in higher educational institutions:
- The first and second levels of accreditation with the evening form of training – 10 calendar days,
- The third and fourth levels of accreditation with the evening form of training – 20 calendar days,
- Regardless of the level of accreditation with the correspondence form of study – 30 calendar days;
For those employees who study in the third and subsequent courses in higher educational establishments:
- The first and second levels of accreditation with the evening form of training – 20 calendar days,
- Third and fourth levels of accreditation with the evening form of training – 30 calendar days,
- Regardless of the level of accreditation with the correspondence form of study – 40 calendar days;
For the period of passing state examinations in higher educational institutions, regardless of the level of accreditation – 30 calendar days.
For the period of preparation of the diploma project (work) to students studying in higher education institutions with evening and correspondence forms of education of the first and second levels of accreditation – 2 months, and in higher educational institutions of the third and fourth levels of accreditation – 4 months.
Employees who study full-time in graduate school and successfully complete an individual training plan are provided with additional paid leave of 30 calendar days and, if requested, for 4 years of study – 1 day off per week with payment of 50 percent of the average salary. Law of Ukraine on Holidays, Article 13, 14, and 15.
Last updated on: June 15th, 2020