Ukraine: changes in regulation of employment agreements with freelancers
On 18 July 2022, the Parliament adopted the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Regulation of Labour Relations with Non-Fixed Working Hours" (the "Law"). The main purpose of the Law is to regulate the engagement of freelancers by way of employment.
The Law is pending the President's signature. The Law will enter into force on the day following the day of its publication.
The peculiarities of employment agreements with freelancers (the "Agreement") are described below.
- the method and minimum notification period of an employee on commencement of work, which shall be sufficient to enable the employee to commence work on time;
- the method and maximum notification period of the employer about the readiness of the employee to commence work or refusal to perform such work; and
- the intervals during which the employee may be required to work (base hours and days).
- ten percent of the total number of employment agreements to which it is a party; and
- one Agreement if the employer has less than ten employees.
- an actual time worked; or
- an actual work performed if a piece rate system applies.
III. Liability for violation of labour laws
- exceeding the permitted number of Agreements; or
- keeping inaccurate records of the employee's working hours in relation to the actual work performed under the Agreement,
- additional grounds for bringing the employee to disciplinary liability for refusing to perform work during base days and hours. The exceptions are, for example, a refusal due to (i) temporary incapacity for work or (ii) violation by the employer of the deadline for notifying the employee on availability of work, etc.;
- a possibility to set out in the Agreement the additional grounds for its termination. Such grounds shall relate to the employee's abilities or conduct, or other reasons of an economic, technological, structural or similar nature; and
- a possibility for an employee, subject to certain conditions, to approach the employer with a request to enter into an employment agreement for a fixed or indefinite term.
- advising on compliance with labour legislation, in particular during martial law;
- preparation of documents on labour relations, in particular employment agreements and contracts, employer's orders and regulations, internal regulations, including by taking into account the requirements for the organisation of labour relations during martial law;
- termination of labour relations, in particular with top management, key employees and taking into account the peculiarities of the martial law regime;
- legal representation in labour disputes;
- optimisation of staff recruitment under employment and civil agreements; and
- appealing against decisions of public authorities in case of violations of labour legislation.