Maxim Polishkevych, the Managing Partner of the Resultat Law Firm explains your rights at work and specific features of labour legislation.
Even if you don’t have a written employment contract, the laws still support the employee’s side. The absence of such a contract doesn’t prove that the employee has no connection to the company.
An employment contract is meant to be concluded if the employee has started to work with the consent or on the instructions of the employer or his representative. The employer is required to formalize the contract with the employee within three working days from the actual beginning of the work – no matter whether a person is working on probation period or has successfully completed it.
Your rights during probation period
It’s very important to know your rights during probation period. Today, according to the Labour Code, duration of probation period cannot exceed three months, and six months – for management positions. If the probation period is over and you continue to work, you are considered to have passed the test. In this case, the subsequent termination of the employment contract is allowed only on a general basis.
The normal duration of the working hours of employees cannot exceed 40 hours per week, that is, 8 hours and 5 days a week. And for those who work in hazardous work – 36 hours per week.
The right to remuneration
There are certain features of remuneration, depending on how much and how you work. For example, if you work on your days off, the employer should either double the payment for your work, or provide you extra days of rest. The same is for public holidays and non-working days – double payment or additional days of rest.
Night work (that is, from 10 pm to 6 am) is paid at a higher rate – not less than 20% of the tariff rate (salary) for each hour of work at night. In the manufacture of products, if the product turned to be defective not because of the employee’s fault, the remuneration is made for a reduced fee. However, the payment in these cases can not be less than 2/3 of the salary. The product defected on employee’s fault is not paid at all.
The rights to vacation
During the first year of work, the employee is entitled to leave after 6 months of uninterrupted work in the enterprise. The duration of basic leave – is not less than 24 calendar days. Rights to additional leave are clearly regulated by current labor legislation, they are: in connection with the training, the preparation and participation in competitions, in connection with pregnancy and childbirth, for a disabled childcare. In addition, you have the right to take leave without payment for up to 15 days a year. Salary to employees for vacation time is paid not later than three days before it starts, but not after the vacation, as it usually happens.
Your rights in case of dismissal
In Ukraine, there are 3 forms of dismissal – resignation at employee’s own request, on the initiative of the employer and with the consent of the parties. If the employee himself or herself has decided to terminate the employment contract, he or she should notify the employer beforehand in two weeks. On the initiative of the employer you may be dismissed:
1) due to the bankruptcy of the company, reorganization or reduction;
2) because of the lack of skills or health status;
3) if you are systematically violating your work duties;
4) because of truancy (including due to absence at work for more than three hours during the working days) without respectful reasons;
5) if you didn’t show up at work more than four months due to temporary disability;
6) if the employee who performed this work previously is reinstated;
7) because of your coming to work under the influence of alcohol or other intoxicating substances;
8) if the court proves that you steal in the company.
Payment in case of dismissal
If you are fired not because of your violation, you are entitled to termination benefit
– not less than your average monthly salary. If you are drafted into the army – two minimal wages. If the employer has violated the labour law, collective or employment agreement, you are entitled to the sum of the compensation which is not less than three months of your average earnings.