Sick Leave.

The system of sick leave in Ukraine requires the employee to submit a medical certificate only after his/her recovery, i.e., on the first working day after the employee’s absence. Sick leave compensation is covered by the Ukrainian State Social Security Fund, which is formed from the employer’s contributions made as a percentage of its employee’s aggregate salaries.

Termination of Employment and Job Protection.

The procedure for terminating a labour agreement or a labour contract is governed by Article 36 through 45 of the Labour Code.

Pursuant to Article 40 of the Labour Code, an employer may terminate a labour agreement before its expiration only in a limited number of cases, including staff redundancy, the employee’s systematic failure to fulfill his/her employment duties, the employee’s unjustified absence from the workplace for more than 3 consecutive hours during one working day, etc. Article 36 of the Labour Code does provide, however, that a labour contract (as opposed to a labour agreement) may also be terminated on any of the grounds specified in the contract.

Ukrainian law prohibits the dismissal of pregnant women, women who have children below the age of 3, and single mothers who have children below the age of 14 or disabled children. Pursuant to Article 184 of the Labour Code, this rule does not apply either in the event of the liquidation of the enterprise or if the woman was on a fixed-term contract which expired. However, in these two cases, the employer is obliged to find alternative employment for employees who fall into this category.

The Labour Code provides that the dismissal of an employee, who is a trade union member, requires the prior consent of the trade union in certain circumstances. In cases where consent of the relevant trade union is required for termination, the employer should request such consent prior to the termination.

1. Give the definition of ‘labour agreement’ under the Ukrainian Labor Code?

2. What is the difference between a “labour agreement” and a “labour contract”?

3. What period of time are labour agreements usually concluded for?

4. What provisions may be included into a labour contract?

5. Are there any factors, preventing from getting a job?

6. What information does Labour Book contain?

7. When does an employer have the right to fire an employee?

8. What wage do Ukrainian people receive?

9. What is the work week in Ukraine?

10. Who covers sick leave compensations in Ukraine?

11. When does employer have the right to terminate a labour contract or a labour agreement?

standard form

Employment agreement

This Employment Agreement made on {DATE}, by and between {NAME}, a Ukrainian company, with its registered address at {ADDRESS} (the "Employer"), and {NAME}, residing at {ADDRESS} ("Employee").

In consideration of the premises and of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Employer and Employee agree as follows:

1. EMPLOYMENT. (a) The Employer hereby agrees to employ Employee, and Employee agrees to be employed by the Employer, on the terms and conditions herein contained as its {POSITION}. Employee shall report to {SUPERVISOR'S POSITION} and shall have such duties, authority and responsibilities commensurate with Employee's position. (b) Employee shall devote all of his business time, energy, skill and efforts to the performance of his duties hereunder and shall faithfully and diligently serve the Employer.

2. TERM OF EMPLOYMENT. (a) Except for earlier termination as provided in Section 5 hereof, Employee's employment under this Agreement (the "Employment Term") shall commence on the date hereof and continue through {DATE}. The Employment Term shall be automatically renewed unless either party gives written notice to the other at least six months prior to the expiration of the then Employment Term, of such party's intention to terminate Employee's employment hereunder at the end of the then current Employment Term.

3. COMPENSATION. (a) As compensation for his services under this Agreement, the Employer shall pay Employee a base salary (the" Base Salary") of UAH____per month. Payment of the Base Salary shall be made in equal installments twice a month. (b) In addition to the Base Salary, the Employer may pay Employee a bonus.

4. BENEFITS AND FRINGES. (a) During the Employment Term, Employee shall be entitled to such benefits and fringes, if any, as are generally provided by the law to employees, including pension, retirement, savings, welfare (including life and health insurance) and other employee benefit plans and arrangements. (b) Except as otherwise specifically provided herein, the Employee shall be responsible for the tax consequences of all benefits and fringes.

5. TERMINATION. Employee's employment under this Agreement and the Employment Term shall terminate only upon the events envisaged by the Ukrainian Code of Acts on Labor.

IN WITNESS WHEREOF, the Employer has caused this Agreement to be duly executed and Employee has hereunto set his hand as of the date first set forth above.

________________________________ __________________________________

Employee Employer

Ex. 1. Read the text below and explain the meaning of the underlined words or phrases.