Аналитика. Статьи. Комментарии.
Опубликовано 03.07.2017 Николай Войтович
Ukrainian Law Firms 2017. A Handbook for Foreign Clients
2016 was the year of strong expectations for significant amendments in labor legislation. Even new Labor Code was seriously expected to be passed. The Code had to create revolutionary new approaches to labor relations finishing the era of existing Labor Code of Ukraine, which was adopted as long ago as in soviet times and conserved norms that didn’t respond to the spirit of time and thus overburdened relations between employers and employees.
But, as it often happens, anticipations were not justified, we still live with the soviet era Labor Code, and 2016 has left labor area as one of the least reformed. Occasional amendments were influenced by a complicated domestic situation, which demanded the improvement of status of some employees such as mobilized and internally displaced persons. The institute of probation has also undergone some transformations.
At the same time, it must be highlighted that 2016 gave effect to the Law of Ukraine “On State Service”. The law among other things introduced considerably new approaches to regulation of state service and raised broader requirements for state servants.
Concerning disputes resolution, their amount continued to grow in 2016. The majority of cases traditionally constituted the disputes on the cancellation of employment termination, reinstatement of employment and compensation of average salary. New Law “On State Service” has also triggered disputes in the respective area.
In contrast to 2016, the very start of 2017 brought with itself sensational amendments: minimum wage has been doubled to 3200 UAH, wage system has been transformed, new significant fines for violation of labor legislation have been introduced, and municipal authorities have been delegated with some inspection powers.
The important thing is that present political dialogue displays the readiness of the Parliament to adopt the long-awaited Labor Code before the end of 2017. In dispute resolution practice it may be predicted the growth in cases on challenging municipal bodies’ decisions originated from their new inspection authorities as well as cases on cancellation of fines pertained to them.