Changes in labour legislation: additional obligations and opportunities for the employer
On 27 May 2022, the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Strengthening the Protection of Employees' Rights" (the "Law") entered into force. The amendments concern, inter alia, the scope of collective bargaining agreement, unreasonable refusal of employment and procedures for mass dismissal of employees.
The Law sets out that the employer shall be obliged to:
- notify the employee in writing, upon request of the latter, on the reasons for employment refusal;
- acquaint the employee with the text of the collective bargaining agreement (і) prior to his/her first day of employment and (іі) within one week once the collective bargaining agreement has been concluded, amended or supplemented; and
- provide the trade union with a written notice on planned mass dismissals of employees with relevant information on such events, in the course of consulations but no later than three months before the date of such possible dismissals.
At the same time, the Law entitles the individual having employees to conclude a collective bargaining agreement. Furthermore, the Law abolished the requirement of mandatory conclusion of a collective bargaining agreement at a newly incorporated enterprise.
According to the Law, in case of change of the owner of a legal entity, the parties of the collective bargaining agreement are no longer obliged to start negotiations in relation to new collective bargaining agreement or amendments to the existing one. Instead, the Law sets out that both, in case of change of the owner and reorgansation of a legal entity, the collective bargaining agreement continues to be valid during its validity term but no longer than 1 year, unless parties agree otherwise.
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Key words: employer, employee, employment agreement, collective bargaining agreement, mass dismissal, unreasonable refusal of employment, labour law.
How we can help you:
- advising on compliance with labour legislation, in particular during martial law; and
- appealing against decisions of public authorities in case of violations of labour legislation.