Kündigung eines Mitarbeiters auf Initiative des Arbeitgebers: aktuelle Regeln in der Ukraine im Jahr 2024

Laut Gesetz hat die Ukraine ein bestimmtes Verfahren zur Kündigung von Mitarbeitern. Diese Regeln müssen von allen Arbeitgebern befolgt werden. Erfahren Sie mehr über die Kündigungsgründe im Jahr 2024 und die neuesten Änderungen in der Gesetzgebung

Rechtliche Unterstützung bei Einreise, Aufenthalt und Legalisierung von Ausländern in der Ukraine

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In 2024, Ukraine has certain rules regarding dismissal of employees at the initiative of the employer. These rules are governed by the Labour Code of Ukraine (Labour Code) and other regulations. The procedure for dismissal of employees in Ukraine is described below.

Grounds for dismissing an employee

The main grounds for dismissing an employee at the initiative of the employer include:

- reduction of staff or reorganisation of the company;

- incompatibility of the employee with the position held;

- systematic failure to perform work duties;

- unauthorised absence from work;

- appearing at work in a drunken state;

- theft of employer's property.

In turn, the employer is obliged to follow a certain procedure.

Procedure for dismissing employees

According to Ukrainian law, when dismissing an employee, an employer must comply with the following rules:

- notify the employee of the impending dismissal within the timeframe established by law;

- obtain the consent of the trade union (if the employee is a member of the trade union);

- offer the employee another job at the company (in case of staff reduction);

- pay all amounts due to the employee upon dismissal.

For more information on how foreigners can get a job in Ukraine, please follow the link.

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Reasons for dismissing an employee in 2024: recent changes

On 27 September 2024, the Law of Ukraine 3768-IX came into force, which makes significant amendments to the country's labour legislation. The new provisions expand the powers of employers and establish additional grounds for dismissal of employees. Let's take a look at the key aspects of these changes.

Expansion of grounds for dismissal

Under the amended Article 40 of the Labour Code, employers have new grounds for termination of employment contracts, including

- сonviction of an employee for a crime against the national security of Ukraine (except in cases of release from serving a sentence with probation);

- failure to comply with the rules of conduct at the enterprise.

These changes apply to both open-ended and fixed-term employment contracts.

Introduction of rules of conduct at the enterprise

Тhe Law introduces a new concept - ‘rules of conduct at the enterprise’. Pursuant to Article 142 of the Labour Code, these rules may be included in the internal labour regulations and contain provisions on:

- obligations not to disclose restricted information;

- conditions of work with confidential information.

For companies of strategic importance and critical infrastructure, the establishment of such rules is mandatory.

New grounds for suspension from work

Article 46 of the Labour Code now allows for the suspension of employees in the event of an official inspection at state-owned facilities of strategic importance and critical infrastructure.

The role of trade unions

The Law requires the consent of the elected body of the primary trade union organisation to dismiss an employee for misconduct. However, this provision does not apply under martial law, except for the dismissal of employees elected to trade union bodies.

Peculiarities of martial law

Pursuant to Article 5(2) of the Law of Ukraine ‘On Organisation of Labour Relations under Martial Law’, the requirement for the consent of the trade union to dismiss does not apply during martial law, except in cases of dismissal of members of trade union bodies.

The new changes in the labour legislation of Ukraine reflect the state's desire to adapt labour relations to modern realities, in particular in the context of increased attention to national security issues. Experts recommend that both employers and employees carefully read the new provisions to avoid potential conflicts.

Sometimes it can be difficult for Ukrainians and foreigners to understand the employment procedure in Ukraine. For a better understanding of all the nuances, we advise you to contact a specialist. Visit Ukraine lawyers are ready to provide you with professional legal support in obtaining residence and work permits, as well as solving any other migration issues.

You can find out how to obtain a work permit for a foreigner in Ukraine and which of the country's guests do not need a permit by following the links.

Just to remind you. The issue of employment in Ukraine is quite common among foreigners, but finding a job is not the only part of the path you need to go through to stay in the country legally. To learn more about what is required to obtain a residence permit on the basis of employment in Ukraine, please follow the link.

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