|
The Labour Code
Conditions of employment in Ukraine are governed by the Labour Code. The main requirements under Ukraine's employment legislation are as follows:
- Ukrainian labour legislation requires employers to follow statutory requirements as to the working time, overtime and time-off from work. In Ukraine, working time is limited to 40 hours a week. An employer may introduce a six-day working week, in which case the working day may not exceed seven hours. Shorter working time is ensured for some categories of employees;
- The amount of monthly wage shall meet the minimum threshold established by the legislation in force (as of 1 January 2005 it is UAH 262). Wages and all other payments due to employees shall be in UAH only;
- Employees may at any time terminate the employment relationship. The notice period is at least two weeks. In contrast, employers may terminate the employment relationship only in cases that are expressly envisaged by the Ukrainian Labour Code and provided that all applicable formalities are met. The statutory termination notice is two months;
- Employee's minimum annual holiday entitlement is 24 calendar days. However, it may be longer depending on the number of years worked, working conditions and the employee's position;
- Normal retirement age is 55 years for women and 60 years for men.
All enterprises must ensure employment of handicapped persons according to quotas specified in the law. The quota for enterprise employing more than 25 individuals equals to 4% of the total number of employees but no less than 1 working place and 0.5 workplace where the enterprise employs from 8 to 15 individuals. Failure to employ handicapped workers within the quota can attract a fine amounting to the enterprise's annual average salary per each working place for handicapped not occupied by a handicapped person.
Expatriate Personnel
Work permits
- Ukrainian employers must obtain work permits for foreign nationals, who are either directly employed or seconded to work in Ukraine by foreign companies.
- The personnel of representative offices of foreign companies in Ukraine who are employed abroad as well as foreign nationals registered as private entrepreneurs under Ukrainian legislation are not required to obtain work permits for their work in Ukraine.
- A work permit may be issued for up to one year with subsequent renewal. The overall time of employment in Ukraine is not limited.
- The labour authorities must consider an application for a work permit within 30 days after its registration. The foreigner is not allowed start working in Ukraine until the work permit is issued.
- Non-compliance with the work permit requirements is subject to penalties, as well as potential summary deportation of the foreign national from Ukraine at the cost of the employer.
Visas and registration requirements
- Entry of foreign nationals to Ukraine requires a visa (except citizens of most of the CIS countries and some Eastern European countries).
- Any foreign national coming to Ukraine on a business trip must obtain a business visa from a Ukraine's Embassy or Consulate abroad based on an official letter of invitation from the inviting company. The duration of a business visa cannot exceed one year.
- Citizens of EU countries, Swiss Confederation, Turkey, Canada, USA and Japan may apply for business visa without an invitation letter.
- No personal attendance at an Embassy is required for obtaining a Ukrainian visa.
- A foreign national's visa (multi-entry or single entry) must be registered with the state authorities at the time of crossing the state border of Ukraine.
In case of the foreign national's uninterrupted stay in Ukraine for more than 6 months (3 months – if no visa is required), the individual's visa (passport) must be registered with the local agency for internal affairs (police/OVIR).
|
