Labor market

Working time, vacation and social security.

1. Working time standards
2. Unregulated working day, overtime work
3. Types of rest time
4. Annual leave and the procedure for granting leave
5. Retirement age
6. Unemployment benefit
7. Child benefit

Working time standards

Art. 50 of the Labor Code of Ukraine determines the normal duration of the working week, which cannot exceed 40 hours per calendar week.

The Labor Code of Ukraine provides for three types of working time:

1. the normal working hours of employees cannot exceed 40 hours per week. Enterprises and organizations, when concluding a collective agreement, may impose a lower standard of working hours than prescribed by law;

2. reduced working time:
   • for workers between the ages of 16 and 18 is set in the amount of 36 hours per week;
   • for workers between the ages of 15 and 16 (for students between the ages of 14 and 15 years who work during the holidays is set in the amount of 24 hours per week;
   • for workers employed in jobs with harmful working conditions, the working time cannot exceed 36 hours per week. The list of industries, shops, professions and positions with harmful working conditions, which give the right to shortened working hours, is approved in the manner prescribed by law.

3. shorter working hours is an agreement to work part-time working day or part-time working week , which can be achieved both in employment and afterwards. However, the owner (or the body authorized by him) is required to establish part-time working day or part-time working week at the request of a pregnant woman, a woman who has a child under the age of 14 or a disabled child, and a woman who has the care of a sick family member according to the medical report). Working under conditions of shorter working hours does not entail any restrictions on the scope of labor rights of employees. Wages in these cases is made in proportion to the time worked or according to productivity (Article 56 of the Labor Code).

Unregulated working day, overtime work

Art. 50 of the Labor Code of Ukraine determines the normal duration of the working week, which cannot exceed 40 hours per calendar week. However, in some cases, legislation allows for deviation from normal working hours in the direction of its increase. Among such deviations, above all, are: unregulated working day and overtime work.

According to the current labor legislation, an unregulated working day is not a special norm of working time. According to the subjective composition of establishing an unregulated working day is associated with a specific list of which is attached to the collective agreement of a particular company. The main form of compensation for processing under an unregulated working day is the provision of additional vacation (Article 76 of the Labor Code of Ukraine).

An unregulated working day, as a rule, is established for employees, certain categories of managers and specialists who work in conditions when their work time does not lend themselves to accurate accounting and only as an exception can be established for drivers of cars (except taxis). For drivers of cars that work in conditions of an unregulated working day, in addition to additional vacation is also established an additional monetary compensation.

In accordance with Article 62 of the Labor Code of Ukraine, overtime work is not usually allowed. The owner or the body authorized by him may apply overtime work only in exceptional cases provided for by law:

1. at carrying out work required for the defense of the country, as well as to prevent natural or social disasters, industrial accidents and immediate elimination of their consequences;
2. at carrying out socially necessary works on water supply, gas supply, heating, lighting, sewerage, transport, communications to eliminate accidental and unforeseen circumstances that disrupt their proper functioning;
3. if it is necessary to finish the work, which could not be completed in the normal working time because of unforeseen circumstances or random delay for technical production conditions and when its suspension can lead to damage or destruction of state or public property, as well as in the case of urgent repairs of cars, machines or other equipment, when their failure is the suspension of work for a significant number of employees;
4. if it is necessary to perform loading and unloading operations in order to prevent or eliminate the idle time of the rolling stock and the accumulation of goods at the points of departure and destination;
5. To continue the work when the substitute does not appear, when the work does not allow a break.

Types of rest time

The Constitution (Art. 45) and the Labor Code of Ukraine among the basic labor rights include the right to rest.

The labor legislation distinguishes such types of rest time:

1. breaks during the working day;
2. daily breaks in work;
3. weekly days off;
4. holidays;
5. Annual leave.

Breaks during the working day are of two types: breaks for rest and nutrition, which are not included in working hours and additional breaks for certain categories of workers that are included in working hours.

During the working day, employees should be given a break for rest and food not more than two hours (Article 66 of the Labor Code of Ukraine).

In a five-day workweek, employees are given two days off per week, and with a six-day workweek – one day off.

Work on weekends is prohibited. Involvement of individual employees to work at the weekend allowed in exceptional cases, which are listed in Art. 71 of Labor Code of Ukraine. Such work can be compensated by agreement of the parties by granting another day of rest or in double wages (Article 72 of the Labor Code of Ukraine).

According to Art. 73 Labor Code of Ukraine, work is not performed at enterprises, institutions, organizations on the following holidays and non-working days:

• January 1 – New Year’s Day;
• March 8 – International Women’s Day;
• May 1 and 2 – International Workers’ Solidarity Day;
• May 9 – Victory Day over Nazism in World War II (Victory Day);
• June 28 – Constitution Day;
• August 24 – Independence Day of Ukraine;
• October 14 – Ukraine Defender’s Day.

Work is also not performed on religious holidays:

• January 7 – Christmas;
• one day (Sunday) – Easter
• one day (Sunday) – Trinity Sunday.

Annual leave and the procedure for granting leave

State guarantees and relations associated with the leave, regulated by the Constitution of Ukraine, the Act of leave, Labor Code of Ukraine and other laws and legal acts of Ukraine.

The right to leave is given to citizens of Ukraine who are in labor relations with enterprises, institutions, organizations regardless of ownership, type of activity and industry accessories, as well as working under an employment contract with an individual entrepreneur. Foreign citizens and stateless persons who work in Ukraine have the right to leave on an equal basis with citizens of Ukraine.

According to the law of Ukraine “On leave” as of 15.11.1996 the following types of vacations are established:

1. Annual leave are granted to employees of at least 24 calendar days for a working year, which is calculated from the date of the employment contract conclusion. At the age of 18, an annual basic leave of 31 calendar days is granted. For some categories of employees other duration of annual basic leave may be provided for by the legislation of Ukraine (Section II, Article 6 of the Law of Ukraine “On leave” as of 15.11.1996,);
2. Additional leave are given to workers: for work with harmful and difficult working conditions; for the special nature of work; in other cases provided for by law. The duration of the annual additional leave, the conditions and the procedure for their provision are established by the regulatory legal acts of Ukraine (Section II, Articles 7,8 of the Law of Ukraine “On leave” as of 15.11.1996);
3. Sabbatical leave are given for the completion of scientific work (dissertation, textbook, etc.). Duration, procedure, conditions for granting and paying for sabbatical leave are established by the Cabinet of Ministers of Ukraine (Section III of the Law of Ukraine “On leave” as of 15.11.1996);
4. Special leave – maternity leave; leave for child care until they reach the third age; additional leave for workers with children (Section III, Articles 17-20 of the Law of Ukraine “On leave” as of 15.11.1996);
5. Leave without pay – the duration of such leave should be determined by agreement between the parties, but not more than 15 calendar days per year (Section VI of the Law of Ukraine “On leave” as of 15.11.1996)

Duration of leave is calculated in calendar days. Holiday and non-working days are not taken into account when determining the duration of leave (Article 73 of the Labor Code of Ukraine).

Retirement age

The Law of Ukraine “On Compulsory State Pension Insurance” in article 26 establishes a uniform age – 60 years for both men and women.

Before reaching this age, women born in 1961 and older are eligible for retirement by age:

If a woman who was born before December 31, 1961, decides to retire later, she will be charged an increase of 2.5% for every 6 months of later retirement, from 55 to 60 years.

Until January 1, 2015, women who are 55 years old, with an insurance period of at least 30 years and subject to dismissal from work, have the right to early retirement. In this case, its size is reduced by 0.5% for each month of early retirement.

Also, until the age specified in Art. 26 of the Law, is appointed:

• Pension on preferential terms, in accordance with Art. 13 of the Law of Ukraine “On Pensions”, for workers engaged in heavy work after reaching 50 years and with work experience for men at least 25 years, of which not less than 10 years in these jobs, and for women not less than 20 years, of which not less than 7 years 6 Months in these works;
• Pensions for persons suffering from pituitary dwarfism (Lilliputians), disproportionate dwarf s (men 45 years old with 20 years of insurance coverage, and women 40 years old wth15 years of insurance experience);
• Pensions for women who have given birth to more than 5 children and raised them before the age of 6, as well as to mothers of children with disabilities from childhood on reaching the age of 50 with a experience of at least 15 years;
• Invalidity pension for the blind and disabled people from the childhood of the 1st group (men under 50 years old with 15 years of experience, women after reaching 40 years old with 10 years of experience);
• Long-service pension in accordance with Art. 52, 54, 55 of the Law of Ukraine “About pension provision” and special laws.

Unemployment benefit

The minimum unemployment benefit in Ukraine is UAH 1280 (for insured persons) and UAH 544 (for persons with insurance period of less than 6 months). The maximum unemployment benefit is UAH 6400.

The amount of benefits for individuals working for at least 12 months varies according to the length of the insurance period:

• Experience less than 2 years – 50% of the accrued amount;
• 2 – 6 years – 55%;
• 6 – 10 years – 60%;
• More than 10 years –70%.

The amount of the unemployment benefit must not exceed four subsistence minimums, which are established in the country for the working population.

Payment periods

The calculation of social payments is made from the 8th day after registration at the Employment Center.

The amount of the benefit is reduced by period as follows

1. For the first 90 days – 100% of the payments amount .
2. The next 90 days – 80% of the assistance.
3. In the subsequent period – 70%.

A person who resigns voluntarily will be able to receive benefits only on the 91st day from the moment of registration, and it will not exceed 80% of the average monthly salary. After dismissing for violations and punitive discharge  the citizen will receive only a minimum allowance, also from the 91st day.

The length of the period for receiving payments can be as follows:

• 720 days – for citizens of pre-retirement age;
• 360 days – if it is far to retirement;
• 180 days – after graduation or resignation from military service.

It is possible to formulate a benefit for partial unemployment with a reduction in the working day, and hence a reduction in wages due to difficulties in production.

The order of registration of the state help

An unemployed person can apply to any employment service, regardless of the place of registration or residence.

For registration it is necessary to provide the following documents:

1. Passport or temporary identification document.
2. Taxpayer document.
3. Statement (written on the model).
4. Employment history.
5. Diploma or other documents about education, military ID.

Child benefit: size of social payments

In 2017, the size of the payment at the birth of the child remained at the same level, which was established on July 1, 2014. UAH 41280 is the uniform amount of the allowance for the first, second and next child. This amount does not depend on the number of children in the family and is paid within 3 years. This amount parents do not receive immediately. A one-time payment of UAH 10 320 parents receive to their account a few months after the submission of the necessary package of documents to social services. The remaining amount of UAH 30 960 is divided into 36 equal parts for UAH 860. The size of payments is similar in case of adoption of a child.

Documents that are necessary to receive child support in Ukraine

To submit the necessary documents to the Department of Labor and Social Protection of the Population for the purpose of social payments for a child in Ukraine at the place of residence is required within 12 months from the date of his birth. Documents are submitted by one of the parents or adoptive parents.

The list of required documents is as follows:

— The original and a copy of the passport of the person who draws up the allowance;

— Application in an arbitrary form;

— The original and a copy of the child’s birth certificate;

— Bank details, where the funds will be transferred monthly;

—Copy of the court decision on adoption (if it is necessary).